®Planning appeal decision
Nutkins Hollow B3165 Mutton Street To Hawkmoor Hill, Marshwood, Dorset, DT6 5QJ
erection of a row of terraced cottages to create 3no dwellinghouses
- Authority
- Dorset
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Fish A
Main issues, as the Inspector framed them
- Whether the appeal site is a suitable location for the appeal scheme having regard to the spatial strategy for housing in the development plan
- Whether the appeal site is a suitable location for the appeal scheme having regard to the accessibility of services and facilities
- Whether the proposed development would preserve the setting of the Grade II listed Bottle Inn
- The effect on the character and appearance of the area
- The effect of the proposed development on the integrity of the River Axe Special Area of Conservation (SAC)
What decided it
The proposal would result in a likely significant adverse effect on the integrity of the River Axe SAC which cannot be mitigated, providing a clear reason for refusal that engages the presumption against development.
The moderate benefits of the proposal (economic benefits, energy efficiency, biodiversity enhancements) do not outweigh the conflict with the development plan arising from the spatial strategy breach and the unmitigable adverse effect on the River Axe SAC integrity.
Framework references: 11, 83, 84, 109, 131, 135, 139, 186, 188, 205, 208
Plan policies cited: Policy SUS1, Policy SUS2, Policy HOUS6, Policy ENV1, Policy ENV2, Policy ENV4, Policy ENV10, Policy ENV12, Policy INT1, Policy UMV4, Policy UMV5, Policy UMV7
Judgments cited: Braintree District Council v SSCLG & Ors [2017] EWHC 2743 (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.