Land at , Mill Lane, Lopen, Somerset, TA13 5JS

Main issues, as the Inspector framed them

• the effect of the proposed development on the settings and thereby significance of Lopen Conservation Area and Grade II listed buildings known as Ballarat Farmhouse, Apple Hay and Shores Farmhouse
• whether sufficient justification has been provided for the proposed loss of the non-designated heritage asset known as the Bleaching House
• the effect of the proposed development on the integrity of the Somerset Levels and Moors Special Protection Area (SPA) and Ramsar site

What decided it

The proposed development would adversely affect the integrity of the Somerset Levels and Moors Ramsar site because the phosphate mitigation strategy cannot be secured with certainty, as Albion Water has not confirmed adoption of the proposed package treatment plant and no alternative mitigation mechanism is properly secured.

Although the significant weight afforded to the public benefits of nine dwellings (including affordable housing) in an area with a critical housing shortfall would normally outweigh the less-than-substantial heritage harm, the strong reason for refusal arising from the likely adverse effect on the Ramsar site's integrity under the Habitats Regulations and paragraph 11(d) of the Framework tips the balance decisively against the proposal.