Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed14 May 20243314801

Land West of 86-126 Wakeham, Portland, Dorset, DT5 1HP

Planning appeal 3314801 at Land West of 86-126 Wakeham, Portland, Dorset, DT5 1HP (Dorset) was dismissed on 14 May 2024 by Inspector Woodward M, following a hearing. The main issue, as the Inspector framed it: The suitability of the appeal site for the proposed development having regard to development plan policies and the Council's spatial strategy, including the effects on the Bottom Coombe Quarries Site of Nature Conservation Interest.

erection of 33 no. dwellings

Authority
Dorset
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Woodward M
Postcode
DT5 1HP

Main issues, as the Inspector framed them

  • The suitability of the appeal site for the proposed development having regard to development plan policies and the Council's spatial strategy, including the effects on the Bottom Coombe Quarries Site of Nature Conservation Interest
  • The character and appearance of the area including Portland (Easton, Reforne, Straits and Wakeham) Conservation Area, and whether the scheme would be well-designed
  • The living conditions of existing occupiers and future occupiers of the development

What decided it

The proposal's failure to avoid significant harm to the Bottom Coombe Quarries SNCI by adopting a compensation-first rather than avoidance-first approach, contrary to Policy ENV2 and paragraph 186 of the Framework.

the substantial weight attached to significant biodiversity harm, together with lesser harms, was found to significantly and demonstrably outweigh the benefits of market and affordable housing, economic benefits and ecological compensation measures.

What the Inspector cited

Development plan policies
Policy SUS2Policy Port/EN6Policy ENV2(iv)Policy ENV2Policy ENV3Policy ENV10Policy ENV15Policy COM7Policy Port/EN7Policy ENV12Policy ENV4Policy Port/EN4Policy ENV16
National Planning Policy Framework
Paragraph 11Paragraph 85Paragraph 135Paragraph 186Paragraph 205Paragraph 226
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

30 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Dorset

The authority’s record since 2016 · every decision in 2024

  1. Dismissed29 October 20266010776
    The Bothey, Clayford, Wimborne, BH21 7BJ
  2. Dismissed23 October 20266014673
    52 St Mary Street, Weymouth, DT4 8BJ
  3. Dismissed22 October 20266012104
    Papushka Fields, Dorchester Rd,, Lytchett Minster, BH16 6FE
  4. Dismissed22 October 20266011513
    Field View Barn, Fishey Lane, West Orchard, SP7 0LQ
  5. Allowed21 October 20266010895
    Land off Dukes Close, Martinstown, DT2 9TU

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.