®Planning appeal decision
37-39 Mudeford, Christchurch, BH23 3NQ
Planning appeal 3285630 at 37-39 Mudeford, Christchurch, BH23 3NQ (Bournemouth, Christchurch and Poole) was dismissed on 22 September 2022 by Inspector Blackwell J, by written representations. The main issue, as the Inspector framed it: whether the proposal has adequately addressed flood risk.
to demolish the existing buildings and replace with a new building to accommodate 10 flats, together with the provision of on-site car parking and covered cycle parking spaces, residents amenity space and landscaping
- Authority
- Bournemouth, Christchurch and Poole
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Blackwell J
- Postcode
- BH23 3NQ
Main issues, as the Inspector framed them
- whether the proposal has adequately addressed flood risk
- the effect of the development on the integrity of the Dorset Heathlands
- the effect of the development on existing trees
- whether the development makes adequate provision for on-site parking
What decided it
The appellant's failure to properly apply the sequential test for flood risk, as the search area was unreasonably limited to the appeal site alone and alternative sites beyond the Council's housing land supply list were not demonstrated to have been considered.
The limited housing benefit (no net increase in dwellings compared to the fall-back scheme) and brownfield optimisation benefit did not outweigh the conflict with flood risk policy requirements, and the absence of a five-year housing land supply did not engage the tilted balance due to the clear policy reason for refusal in paragraph 167 of the Framework.
What the Inspector cited
- Development plan policies
- Policy ME6Policy HE2Policy HE3Policy KS11Policy KS12
- National Planning Policy Framework
- Paragraph 11Paragraph 167
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.