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Dismissed13 May 20243334179

288-292 Lymington Road, Highcliffe, BH23 5ET

Planning appeal 3334179 at 288-292 Lymington Road, Highcliffe, BH23 5ET (Bournemouth, Christchurch and Poole) was dismissed on 13 May 2024 by Inspector Leonard S, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the vitality and viability of the District Centre.

alterations to existing shop frontage, extension of building at first and second storey level. Creation of 3 flats at ground floor, 1 flat at first floor, 1 flat at second floor, 3 maisonettes at first and second floor. Demolition of rear single storey outbuildings and two-storey building at rear containing 1 flat (9 residential units in total)

Authority
Bournemouth, Christchurch and Poole
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Leonard S
Postcode
BH23 5ET

Main issues, as the Inspector framed them

  • The effect of the proposal on the vitality and viability of the District Centre
  • The effect of the proposal on the living conditions of future occupiers of the ground floor flats with particular regard to outlook and sunlight/daylight provision
  • The effect of the proposal on the living conditions of future occupiers of flat M1 with particular regard to outdoor living space
  • Whether the proposal can provide adequate mitigation for the Dorset Heathlands European Protected Site (EPS)

What decided it

The significant harm to the vitality and viability of the Highcliffe District Centre from the loss of ground floor commercial floorspace significantly and demonstrably outweighed the benefits of housing delivery, even under the tilted balance applicable due to the Council's inability to demonstrate a 5-year housing land supply.

The modest benefits of 8 additional dwellings and economic benefits from construction and occupation were outweighed by the significant harm to the vitality and viability of the District Centre from the loss of ground floor commercial uses, resulting in the proposal failing to constitute sustainable development.

What the Inspector cited

Development plan policies
Neighbourhood Plan Policy HWNP2Core Strategy Policy CH6Core Strategy Policy HE2Saved Policy H12 of the Borough of Christchurch Local Plan (2001)
National Planning Policy Framework
Paragraph 11Paragraph 8Paragraph 60Paragraph 70Paragraph 135Paragraph 7
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823

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.

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The decision letter

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More decisions in Bournemouth Christchurch and Poole

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

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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.

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.