In the absence of sufficient information to exclude an adverse effect on the integrity of the North Somerset and Mendip Bats SAC beyond reasonable scientific doubt, the Council, as competent authority, is unable to adopt the conclusions of the submitted shadow Habitat Regulations Assessment or reach a favourable Appropriate Assessment. The proposal is therefore contrary to Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended), Policies D20 and D23 of the Sedgemoor Local Plan 2011-2032, and Policies N2 and N6 of the National Planning Policy Framework (2026).

In accordance with ODPM Circular 06/2005, relevant case law and national planning guidance, the potential effects on protected species must be adequately considered prior to determination. Insufficient information has been provided in respect of great crested newts to support either District Level Licensing or an alternative licensing route; hazel dormice to establish likely absence or adequately assess impacts and mitigation on the assumption of presence; and reptiles to reliably establish the assemblage and population affected and demonstrate appropriate avoidance, mitigation and compensation. In addition, the ecological implications of the pre-application habitat clearance have not been adequately accounted for. The LPA cannot therefore adequately discharge its duties in respect of these protected species, having regard to the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife and Countryside Act 1981, the Council's biodiversity duty and Policy D20 of the Sedgemoor Local Plan 2011-2032 and Policy N2 of the NPPF.

The submitted Biodiversity Net Gain information contains inconsistencies between the biodiversity metric calculations, habitat plans, arboricultural information and landscape proposals, including discrepancies relating to existing and proposed trees and the strategic significance attributed to habitats within the biodiversity metric. As a consequence, the Local Planning Authority is unable to verify the baseline biodiversity value of the site, the post-development biodiversity value, or whether the development is capable of delivering the statutory biodiversity gain objective. It has therefore not been demonstrated that the proposal complies with the requirements of Schedule 7A of the Town and Country Planning Act 1990.