Land to Rear of Abbeyspring, Down Park Drive, Tavistock, Devon, PL19 9AH

Main issues, as the Inspector framed them

• the effect of the proposals on the living conditions of the occupiers of the adjoining dwellings in Deer Leap with regard to privacy
• whether the proposal would provide acceptable living conditions for the occupiers of the proposed dwellings with regard to privacy, sunlight and daylight
• the effect of the development on the character and appearance of the site and its surroundings, including the effect on trees
• the effect of the development on the Tamar Estuaries Complex Special Protection Area (SPA) and the Plymouth Sound & Estuaries Special Area of Conservation (SAC)

What decided it

The failure to secure a planning obligation to mitigate recreational impacts on the protected European sites, combined with the unacceptable privacy harm to neighbouring and future occupiers and moderate harm to character and appearance from tree loss, meant the proposal conflicted with the development plan and the presumption in favour of sustainable development did not apply.

The moderate benefits of two additional energy-efficient dwellings and short-term economic benefits were outweighed by moderate harm to neighbouring privacy, moderate harm to future occupiers' privacy, moderate harm to character and appearance from tree loss, and the inability to mitigate likely significant effects on the SPA and SAC; the presumption in favour of sustainable development did not apply due to the habitats sites issue.