®Planning appeal decision
1 Apple Meadow View, Leigh on Mendip, Radstock, Somerset, BA3 5GP
conversion of existing garage
- Authority
- Somerset Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Garrard M
Main issues, as the Inspector framed them
- whether the proposed development is required to make provision for Biodiversity Net Gain (BNG) having regard to the BNG exemptions
- the effect of the proposed development on the character and appearance of the area
- the effect of the proposed development on the living conditions of the occupants of nearby residential properties with particular regard to noise and disturbance
What decided it
The proposed development would fail to make provision for mandatory Biodiversity Net Gain as required by the Environment Act 2021 and Town and Country Planning Act 1990, which constitutes a significant adverse impact that outweighs the moderate benefits of housing delivery under the tilted balance.
The modest contribution to housing supply with some social and economic benefits (moderate weight) was significantly and demonstrably outweighed by the breach of BNG legal requirements, the development plan and the Framework (significant weight), resulting in dismissal under paragraph 11d.
Framework references: 11
Plan policies cited: Policy DP5, Policy CP1, Policy DP7
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.