139 High Street, Lee on the Solent, Hampshire, PO13 9BX

Main issues, as the Inspector framed them

• whether the proposal would preserve or enhance the character or appearance of the Lee-on-the-Solent Conservation Area
• whether the proposal would provide an acceptable standard of living accommodation for future occupants, having regard to the internal space, layout and overall quality of the residential environment
• whether the development would achieve nutrient neutrality, or otherwise secure appropriate mitigation for increased nutrient discharge affecting European designated sites
• whether adequate mitigation is secured to address recreational disturbance impacts on the Solent Special Protection Areas

What decided it

The defective drafting of the Unilateral Undertaking securing nutrient mitigation prevented the Inspector from concluding that the development would achieve nutrient neutrality, triggering the Habitats Regulations exception to the presumption in favour of sustainable development.

The Council's inability to demonstrate a five-year housing land supply would normally engage the presumption in favour of sustainable development under NPPF paragraph 11, but this was disapplied by the Habitats Regulations exception because the competent authority could not be satisfied that no adverse effects on the integrity of European sites would arise.