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Planning appeal decision

Dismissed9 April 20263374570

207-217 Copnor Road, PORTSMOUTH, PO3 5BY

the demolition of the existing builders merchants (Class E) and the erection of a Part 3, Part 4 and Part 5 storey residential development to provide 25 Self-contained residential dwellings (Class C3). Including a scheme of hard and soft landscaping, associated refuse and recycling facilities and car parking

Authority
Portsmouth City Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Aqbal M

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area
  • Whether the proposal would harm the living conditions of neighbours as a consequence of any parking stress
  • Whether the development would be likely to have a significant effect on the integrity of the Solent Marine European Sites

What decided it

The absence of secured, defined and deliverable nutrient-neutrality mitigation credits to address nitrogen loading impacts on the Solent European sites, which cannot be reconciled with the calculated nitrogen load and leaves the competent authority unable to conclude with certainty that adverse effects on site integrity would be avoided, as required by the Habitats Regulations.

The planning balance under section 38(6) did not fall to be considered because the strict legal threshold imposed by the Habitats Regulations—requiring certainty that no adverse effect on site integrity would arise—was not met; the benefits of housing delivery, brownfield regeneration and high-quality design could not override the regulatory bar.

Framework references: 11

Plan policies cited: Policy PCS23, Policy PCS13

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.