®Planning appeal decision
Land rear of Horns Farm House, Lower Common, Eversley Hook, RG27 0QU
Stage 1 Permission in Principle Application for 1x New Self-Build Dwelling
- Authority
- Hart District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Johnson B
Main issues, as the Inspector framed them
- whether the development is habitats development and consequently whether the development is exempt from the grant of permission in principle
- whether the location, proposed land use and amount of development are appropriate at this site
What decided it
The proposal constitutes habitats development exempted from permission in principle because it would have an adverse effect on the integrity of the Thames Basin Heaths Special Protection Area without appropriately secured mitigation measures.
The habitats development exemption under Article 5B(1) of the Order is determinative and prevents permission in principle being granted; the presumption in favour of sustainable development does not apply because paragraph 11d(i) is engaged due to the habitats site concern.
Framework references: 11, 109, 110, 115, 129
Plan policies cited: Policy NBE3 of the Hart Local Plan (Strategy & Sites) 2032, Policy SD1 of the Hart Local Plan, Policy SS1 of the Hart Local Plan, Policy NBE1 of the Hart Local Plan, Policy GEN 1 of the Saved Policies of the Hart District Council Plan (Replacement) 1996-2006, Saved Policy NRM6 of the South East Plan - Regional Spatial Strategy for the South East 2009
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.