Planning appeal decision
Open Space, Trendlewood Way, Nailsea, BS48 4TA
Construction of 1 No detached dwelling
- Authority
- North Somerset Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Szymanski D
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.
Framework references: 11, 207, 208, 216
Plan policies cited: Policy CS12, Policy CS31, Policy DM32, Policy DM37, Policy SA2, Policy SA6, Policy DM68, Policy CS27, Policy DM9, Policy CS5, Policy DM6, Policy CS4, Policy DM8
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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