®Planning appeal decision
33A Shaw Close, Andover, Hampshire, SP10 3BT
construct two storey two bedroom dwelling with parking area and new cross over from Shaw Close
- Authority
- Test Valley Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Wilson D
Main issues, as the Inspector framed them
- the effect of the proposed development on the character and appearance of the area
- whether adequate living conditions would be provided for future occupiers with regard to sunlight, daylight, outlook and nuisance
- the effect of the proposal on the integrity of European sites, with particular regard to nutrient neutrality
What decided it
The failure to secure nutrient neutrality mitigation through a completed legal agreement, combined with the inability to rule out adverse effects on the integrity of European sites, provided a strong reason for refusal under paragraph 11d(i) of the Framework that overrode the presumption in favour of sustainable development.
Although the Council could not demonstrate a 5-year housing land supply (2.76 years), the strong reason for refusal based on adverse effects on European site integrity under paragraph 11d(i) of the Framework meant the tilted balance under paragraph 11d(ii) was not engaged, and the appeal was dismissed in accordance with the development plan.
Framework references: 72, 11
Plan policies cited: Policy E1, Policy COM2, Policy E2, Policy LHW4, Policy E5, Policy E8
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.