Planning appeal decision
Land to south of Orchard Lee, 7 Backwell Hill Road, Backwell, BS48 3PL
Permission in Principle for the erection of 3no 1.5 storey dwellings
- 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
- whether the location, land use and amount of development would be acceptable with regard to the character and appearance of the area including the character, appearance and significance of the Backwell Farleigh Conservation Area
- whether the location, land use and amount of development would be acceptable with regard to policies for the location of new development
- whether the location, land use and amount of development would be acceptable with regard to designated habitats sites
- whether it would be inappropriate development in the Green Belt
- the effect upon the openness of the Green Belt
- if it would be inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations and whether this amounts to the very special circumstances required to justify the development
What decided it
The inability to ascertain with sufficient certainty that the proposal would not adversely affect the integrity of the North Somerset and Mendip Bats Special Area of Conservation, which precludes the proposal from proceeding under the Conservation of Habitats and Species Regulations 2017.
The moderate benefits of housing delivery, economic benefits during construction, biodiversity net gain, and renewable energy potential did not clearly outweigh the substantial harm to the Green Belt, the moderate less-than-substantial harm to the conservation area (to which great weight must be given), and the unresolved habitats integrity issue; very special circumstances do not exist.
Framework references: 11, 142, 153, 154, 155, 212, 213, 215
Plan policies cited: Policy CS5, Policy CS6, Policy CS12, Policy CS14, Policy CS32, Policy DM3, Policy DM12, Policy DM32, Policy DM37, Policy SA2
Judgments cited: Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; Waddenzee (C-127/02); People over Wind and Sweetnam
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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