Beechwood House, Willoughby Road, West Willoughby, NG32 3SN

Main issues, as the Inspector framed them

• whether the biodiversity gain condition as set out at Schedule 7A of the Town and Country Planning Act 1990 is capable of being successfully discharged
• whether the appeal site is a suitable location for the proposed development, with regard to the Council's spatial strategy, and the accessibility of services and facilities
• the effect of the proposal on the character and appearance of the street scene and rural landscape

What decided it

The appeal fails because the application does not contain the minimum information required to demonstrate that the mandatory biodiversity net gain condition under Schedule 7A of the Town and Country Planning Act 1990 is capable of being successfully discharged.

Though the proposal would make effective use of land, contribute to housing supply and mix with sympathetic design, and generate social and economic benefits, and though the conflict with local plan policies SP2 and SP5 is given very limited weight as materially inconsistent with Policy S5 of the Framework, the failure to demonstrate compliance with the mandatory biodiversity gain condition is determinative and outweighs the benefits.