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Dismissed26 September 20253365815

Land to South of Orchard Lee, 7 Backwell Hill Road, Backwell, BS48 3PL

Planning appeal 3365815 at Land to South of Orchard Lee, 7 Backwell Hill Road, Backwell, BS48 3PL (North Somerset Council) was dismissed on 26 September 2025 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: 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.

Permission in Principle for the erection of 3no 1.5 storey dwellings

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D
Postcode
BS48 3PL

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.

What the Inspector cited

Development plan policies
Policy CS5Policy CS6Policy CS12Policy CS14Policy CS32Policy DM3Policy DM12Policy DM32Policy DM37Policy SA2
National Planning Policy Framework
Paragraph 11Paragraph 142Paragraph 153Paragraph 154Paragraph 155Paragraph 212Paragraph 213Paragraph 215
Judgments
Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195; Waddenzee (C-127/02); People over Wind and Sweetnam

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in North Somerset Council

The authority’s record since 2016 · every decision in 2025

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.