Open Space, Trendlewood Way, Nailsea, BS48 4TA

Main issues, as the Inspector framed them

• the effect of the proposed development upon the character and appearance of the area
• the effect of the proposed development upon a protected tree
• the effect of the proposed development upon non-designated heritage assets of archaeological interest
• the effect of the proposed development upon the North Somerset and Mendip Horseshoe Bats Special Area of Conservation (the SAC) and protected species

What decided it

The proposal cannot proceed under the Conservation of Habitats and Species Regulations 2017 because it cannot be ascertained that it would not have likely significant effects upon the integrity of the SAC, and this substantial harm, combined with significant harm to character and appearance and uncertainty regarding archaeological effects, substantially and demonstrably outweighs the limited benefits.

The limited economic and housing benefits and neutral matters regarding access, parking, drainage and living conditions were substantially and demonstrably outweighed by significant harm to character and appearance, moderate harm to the protected tree through pressure for future works, significant uncertainty regarding archaeological harm, and substantial harm through potential likely significant effects on the SAC; the application of Framework policies provided strong reason for refusal and the Regulations precluded the project from proceeding.