Old Police Building Stuart Road, Weston-Super-Mare, BS23 3XN

Main issues, as the Inspector framed them

• whether the appeal proposal would be at risk of flooding or increase the risk of flooding elsewhere
• whether the appeal proposal would harm the character and biodiversity value of the area as a result of the loss of protected trees
• if harm is found, whether there are other considerations which outweigh any identified harm

What decided it

The provision of 39 dwellings on brownfield land within a settlement, together with necessary remediation, attracted substantial weight which outweighed the failure of the sequential test and harm to protected trees, particularly given the significant shortfall in housing land supply.

The failure to comply with the sequential test and the effect on protected trees counted significantly against the proposal, but the provision of 39 dwellings on brownfield land within a settlement with substantial weight, combined with the Council's significant housing land supply shortfall, meant the adverse impacts did not significantly and demonstrably outweigh the benefits; the Framework indicated the proposal should be determined otherwise than in accordance with the development plan.