Oak Tree Farm, Gibbs Lane, Oakhanger, BORDON, GU35 9JS

Main issues, as the Inspector framed them

• The effect of the development on protected habitats and species
• The effect upon the character and appearance of the area
• The extent to which services and facilities would be accessible from the Appeal Site by sustainable modes of transport
• Whether there is adequate and legal access to and from the Appeal Site for both pedestrians and vehicle users
• The need for Gypsy and Traveller pitches, and the availability of suitable alternative sites
• The personal circumstances of the occupiers, and the best interests of any children

What decided it

The inability to rule out an adverse effect on the integrity of the Shortheath Common SAC and Wealden Heaths Phase II SPA, absent any secured mitigation or imperative reasons of overriding public interest under the Habitats Regulations, prevented the grant of planning permission notwithstanding the very substantial weight of other material considerations.

Very substantial material considerations in favour of the proposal (unmet Traveller need, lack of five-year pitch supply, absence of alternative accommodation, policy failure, and the best interests of the child) were outweighed by conflict with the Development Plan as a whole and by the Habitats Regulations, which prevented the grant of permission even for a temporary period.