Land to the South of Woodville Road, Swadlincote, DE12 6LY

Main issues, as the Inspector framed them

• whether the development can be safely undertaken having regard to Coal Mining Legacy risks
• whether the health of future occupiers and users of the site would be at risk by reason of site contamination
• the effect of the development on the River Mease Special Area of Conservation (SAC)
• the effect of the development on the route of Public Right of Way Overseal 31 (PROW) and on the amenity of its users
• the effect of the development on biodiversity

What decided it

the inability to demonstrate nutrient neutrality for the proposed foul drainage solution meant the development would harm the integrity of the River Mease SAC, which together with the intentionally unauthorised nature of the development outweighed the benefits of meeting an unmet need for Gypsy and Traveller provision and the occupiers' personal circumstances.

the substantial weight attached to harm to the integrity of the River Mease SAC and to the intentionally unauthorised development outweighed the substantial weight given to the personal circumstances of the occupiers, including the best interests of the children, and to the absence of a five year supply of deliverable Gypsy and Traveller sites, such that the adverse impacts significantly and demonstrably outweighed the benefits when assessed against the Framework policies taken as a whole