Planning appeal decision
Nutkins Hollow B3165 Mutton Street To Hawkmoor Hill, Marshwood, Dorset, DT6 5QJ
Planning appeal 3328969 at Nutkins Hollow B3165 Mutton Street To Hawkmoor Hill, Marshwood, Dorset, DT6 5QJ (Dorset) was dismissed on 30 April 2024 by Inspector Fish A, by written representations. The main issue, as the Inspector framed it: Whether the appeal site is a suitable location for the appeal scheme having regard to the spatial strategy for housing in the development plan.
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
- Postcode
- DT6 5QJ
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.
What the Inspector cited
- Development plan policies
- Policy SUS1Policy SUS2Policy HOUS6Policy ENV1Policy ENV2Policy ENV4Policy ENV10Policy ENV12Policy INT1Policy UMV4Policy UMV5Policy UMV7
- National Planning Policy Framework
- Paragraph 11Paragraph 83Paragraph 84Paragraph 109Paragraph 131Paragraph 135Paragraph 139Paragraph 186Paragraph 188Paragraph 205Paragraph 208
- Judgments
- Braintree District Council v SSCLG & Ors [2017] EWHC 2743 (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 appliedThe decision letter
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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.
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