Frogs Leap, Clayhough Lane, Church Laneham, DN22 0NJ

Main issues, as the Inspector framed them

• the effect of the proposed development upon the character and appearance of the area
• whether the proposal would preserve the setting of a Grade II Listed building
• the effect of the development on the significance of a non-designated heritage asset
• whether the proposed development would promote sustainable travel and its effect upon highway safety
• whether the proposed development would be located within a suitable location
• whether the requirements in relation to Biodiversity Net Gain have been satisfied
• the effect upon the living conditions upon the residents of 'Frogs Leap', with specific regard to the effect upon the available private amenity space of this neighbouring property and its effect upon privacy

What decided it

The failure to demonstrate compliance with the statutory requirement for 10% Biodiversity Net Gain under Schedule 7A of the Town and Country Planning Act 1990, which is a matter that cannot be deferred to a pre-commencement condition and must be addressed at the application stage.

The benefits of providing accommodation for an individual with an established disability-related need and the private funding of the development, which were afforded limited weight, did not overcome the statutory requirement for 10% Biodiversity Net Gain and the multiple conflicts with the development plan including harm to character and appearance, heritage significance, and poor accessibility to sustainable transport.