Land Adjacent to 'Daven', Blindgrooms Lane, Shadoxhurst, Ashford, Kent, TN26 1HN

Main issues, as the Inspector framed them

• the effect of the proposal on the integrity of the European designated sites
• whether the site is a suitable site for housing having regard to its location outside the settlement boundary
• the effect of the proposal on the character and appearance of the surrounding area
• the effect of the proposal on the protected trees

What decided it

The potential for the development to have an adverse effect on the integrity of the Stodmarsh European designated sites through increased wastewater discharge, with no agreed mitigation strategy in place, conflicts with the Habitats Regulations and the Framework's protection of Habitats Sites, which provides a clear reason for refusal that disapplies the presumption in favour of sustainable development despite the shortfall in housing land supply.

The benefits of delivering two dwellings and moderate sustainability benefits were outweighed by the potential adverse effect on the integrity of the Stodmarsh European designated sites, a matter protected by national policy that provides a clear reason for refusal under paragraph 11 of the Framework.