Appeal 6001197

The appeal is invalid, and no further action will be taken on it.

The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal.

The Council have commented that had they determined the application they would have refused planning permission for the development as they consider that the proposed development; would be harmful to the character and appearance of the area ; would harm the living conditions of neighbouring occupiers; and has failed to demonstrate suitable mitigation measures to prevent any unacceptable adverse ecological impacts as well as failing to demonstrate the minimum requirements for [name].

On 12 February 2024, the provisions of the Environment Act 2021 relating to biodiversity net gain (BNG) came into force for major developments, and on 2 April 2024 this was extended to include smaller sites.

Under Article 7(1A) of the Town and Country Planning (Development Management Procedure) Order 2015 (’the DMPO’), all applications for planning permission submitted after those dates are required to be accompanied by certain information relating to BNG, except where one of the exemptions specified in the legislation applies. The information required includes a declaration as to whether the applicant believes the BNG provisions to apply to the application, and if not, the reasons why. Where none of the exemptions apply, the application must also be accompanied by a completed biodiversity metric calculation, showing the biodiversity value of the on-site habitat, and various other related details which are listed in full in sub-paragraph (c) of the above Article.

In the case of the appeal scheme the appellant has indicated that BNG provision applies, however, the biodiversity matrix required by DMPO Article 7(1A) has not been submitted. The application and appeal can therefore only be valid if one of the exemptions is applicable. In the case of the appeal scheme it does not meet any of the valid exemptions.

I am fully aware that the application was accepted and validated by the Council. However, the Council’s position as to validity is not binding on the Secretary of State. Having regard to the requirements as set out above, in the absence of a completed biodiversity matrix I cannot consider the appeal to be valid.

Section 79(6) of the Act1 provides that if, before or during the determination of an appeal, the Secretary of State forms the opinion that planning permission for that development could not have been granted by the local planning authority, they may decline to determine the appeal.

For the reasons given above, I recommend that the appeal be considered invalid. I am therefore not in a position to progress matters or to proceed to consider the planning merits of the case. Accordingly, I recommend that no further action is taken on the appeal.

I have considered all the submitted evidence and my representative’s report and on that basis I decline to determine the appeal and propose to take no further action.