LITTLE ACRE, POUND LANE, HARDWICKE, GLOUCESTERSHIRE, GL2 4RJ

Main issues, as the Inspector framed them

• whether the appeal site is a suitable location for the proposed development having regard to relevant policies relating to the countryside
• the effect of the proposal on the desirability of preserving the setting as it relates to the special interest of the nearby Grade I listed building, known as 'Church of St Nicholas'
• the effect of the proposal on the character and appearance of the area including trees and hedgerows
• the effect of the proposal on 2 Special Areas of Conservation
• the effect of the proposal on protected species

What decided it

The heritage harm to the setting of the Grade I listed Church of St Nicholas, which the Inspector found would not be outweighed by the public benefits of the proposal, combined with the unsuitability of the location and harm to character and appearance, provided a clear reason for refusal under Paragraph 11(d) of the Framework despite the Council's inability to demonstrate a 5-year housing land supply.

The presumption in favour of sustainable development under Paragraph 11(d) of the Framework was displaced by the application of heritage protection policies, as the less than substantial harm to the setting of the Grade I listed building was not outweighed by the limited public benefits of providing a single dwelling, and the heritage harm was reinforced by conflicts with policies on location, character and appearance, and SAC protection.