35 Gosmoor Lane , Elm, Wisbech, Cambridgeshire, PE14 0AH

Authority: Fenland District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Other minor developments
Inspector: Price J

Main issues, as the Inspector framed them

Whether the pre-commencement biodiversity gain plan condition was reasonable and necessary in the circumstances

What decided it

The condition failed the test of necessity and reasonableness because the Council did not engage with the applicant's claimed de minimis exemption, imposed the condition without required prior written agreement, and the statutory biodiversity gain condition already applies to secure compliance.

Framework references: 57

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