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Planning appeal decision

Dismissed24 October 20253369557

Land South West of Westway Lane, Shepton Mallet, Somerset, BA4 5RA

Outline application including access from Westway Lane with all other matters reserved for demolition of existing buildings and erection of up to 18 no. dwellings, public open space and associated infrastructure

Authority
Somerset Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Fish A

Main issues, as the Inspector framed them

  • Whether the appeal site is a suitable location for the proposed development with reference to the development plan
  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposed development on the integrity of the Somerset Levels & Moors Ramsar (Protected Site)

What decided it

The proposal would have a likely significant adverse effect on the integrity of the Somerset Levels & Moors Ramsar Protected Site which could not be adequately mitigated by the insufficiently specified and secured mitigation measures in the Unilateral Undertaking, breaching the Habitats Regulations.

The moderate benefits of housing delivery and economic benefits were outweighed by the likely significant adverse effect on the integrity of the Protected Site in the absence of appropriate mitigation, which provided a strong reason for refusal under paragraph 11 d) i of the Framework.

Framework references: 11

Plan policies cited: Core Policy 1, Core Policy 2, Core Policy 4, Development Policy 1, Development Policy 4, Development Policy 5, Development Policy 6, Development Policy 7, Development Policy 16, Policy 4, Policy 5

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.