The Huts, Thorncote Road, Sandy, SG19 1PU

Main issues, as the Inspector framed them

• The effect of the developments on the character and appearance of the area including landscape character and trees
• Whether the developments amount to intentional unauthorised development
• The effect of the developments on biodiversity including the extent to which biodiversity net gain can be delivered
• Whether the site is sustainably located for a Gypsy and Traveller residential caravan site use
• If any planning harm is identified, whether that harm is outweighed by other material considerations

What decided it

The existence of a deemed planning permission fallback position for hardstanding on part of the site under section 173(11) of the Act, which enabled a smaller two-pitch 'alternative scheme' to be approved without the identified landscape and biodiversity harms.

For Appeals A and C, moderate harm to character and appearance and very significant harm from lack of demonstrated biodiversity net gain, together with limited harm from intentional unauthorised development, outweighed the positive considerations, so the developments conflicted with the development plan as a whole and permission was refused; for the reduced 'alternative scheme' under Appeal B, the fallback deemed permission, previously developed land status and other positive considerations were sufficient to justify granting permission subject to conditions.