Land East of Capel Road, Bentley, IP9 2DN

Main issues, as the Inspector framed them

• whether the site is a suitable location for the proposed development, having regard to the Council's housing strategy
• whether the effects of the development make it necessary to secure financial contributions towards local infrastructure
• the effect of the development on the integrity of European habitat sites
• whether a development of the quantum proposed is capable of appropriately responding to the character of the area

What decided it

The failure to demonstrate a robust viability case for the market housing element, the absence of a legal agreement to secure affordable housing delivery, the lack of secured infrastructure contributions, and the unmitigated adverse effect on European habitat sites collectively rendered the proposal unsustainable and in conflict with the development plan.

The benefits of housing supply, social and economic benefits, and biodiversity net gain were outweighed by the unsustainable departure from the development plan without proper justification, the inability to secure affordable housing for local needs, unmitigated infrastructure impacts, and likely significant effects on the integrity of European designated habitat sites, to which great weight was afforded.