[2025] UKUT 00018 (LC)

The answer to the second ground of appeal is the same as the answer to the first. Any deterioration or decrease may be relevant for the purpose of paragraph 18(1)(aa), provided it is considered by the FTT to be sufficient to make it unreasonable for the presumption to apply. The fact that the amenity of the site may only be affected intermittently by a particular problem will be relevant in answering that question, but there is no threshold of permanence, frequency or intensity which must be met before a deterioration or decrease can in principle be taken into account. The only measure of seriousness is set by the words of paragraph 20(A1) itself, “unless this would be unreasonable having regard to paragraph 18(1), there is a presumption …”.