Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed31 January 20243323638

11 Melverley Gardens, WIMBORNE, BH21 1HJ

sever plot and erect one new dwelling

Authority
Dorset
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dickson R

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area, with specific regard to the Giddylake/Beaucroft Special Character Area (SCA)

What decided it

The extant section 106 agreement precludes severance of the plot and cannot be unilaterally revoked by one party at appeal or by condition, and no variation of the agreement was submitted with the appeal documents.

Although the tilted balance under paragraph 11(d)(ii) would apply due to insufficient housing land supply, and no harm was found on the main issue, the binding extant section 106 agreement prevented the appeal from being allowed regardless of planning merits.

Framework references: 11

Plan policies cited: Policy HE2 of the Christchurch and East Dorset Local Plan Part 1 – Core Strategy 2014

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.