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Planning appeal decision

Dismissed12 March 20263371977

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

3 Storey Building Comprising Ground Floor retail unit with 3 Flats over

Authority
Gosport Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Reeves K

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.

Framework references: 11

Plan policies cited: Policy LP10, Policy LP12, Policy LP24, Policy LP42, Policy LP44

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.