14 Blackwell Avenue and Land to the Rear of 10a - 12 Blackwell Avenue, Guildford, GU2 8LU

Main issues, as the Inspector framed them

• the effect of the appeal scheme on the character and appearance of the area
• the effect of the appeal scheme on the living conditions of the occupiers of nearby dwellings with particular regard to the outlook of 82 and 84 Applegarth Avenue and the privacy of 6 Hunts Close
• whether the appeal scheme would provide acceptable living conditions for the future occupants of the proposed dwellinghouses with particular regard to the outdoor space for units 2 and 3
• whether the appeal scheme would achieve adequate biodiversity net gain (BNG)
• whether the appeal scheme would have an impact on protected species or protected habitats (other than the Thames Basin Heaths Special Protection Area)
• the effect of the proposal on the Thames Basin Heaths Special Protection Area, with particular regard to recreational disturbance

What decided it

The Council's inability to demonstrate a five-year housing land supply, triggering the tilted balance under NPPF paragraph 11(d), with the housing delivery benefit outweighing the limited harm from failure to achieve the higher biodiversity net gain target.

The significant benefit of delivering three dwellinghouses in the context of a five-year housing land supply shortfall outweighed the small amount of negative weight attached to the failure to achieve adequate biodiversity net gain, resulting in no adverse impacts that would significantly and demonstrably outweigh the benefits.