Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed22 September 20223285630

37-39 Mudeford, Christchurch, BH23 3NQ

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

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.

Framework references: 11, 167

Plan policies cited: Policy ME6, Policy HE2, Policy HE3, Policy KS11, Policy KS12

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.