®Planning appeal decision
Land West of 86-126 Wakeham, Portland, Dorset, DT5 1HP
erection of 33 no. dwellings
- Authority
- Dorset
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Woodward M
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.
Framework references: 11, 85, 135, 186, 205, 226
Plan policies cited: Policy SUS2, Policy Port/EN6, Policy ENV2(iv), Policy ENV2, Policy ENV3, Policy ENV10, Policy ENV15, Policy COM7, Policy Port/EN7, Policy ENV12, Policy ENV4, Policy Port/EN4, Policy ENV16
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.