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Planning appeal decision

Dismissed13 May 20243334179

288-292 Lymington Road, Highcliffe, BH23 5ET

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

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.

Framework references: 11, 8, 60, 70, 135, 7

Plan policies cited: Neighbourhood Plan Policy HWNP2, Core Strategy Policy CH6, Core Strategy Policy HE2, Saved Policy H12 of the Borough of Christchurch Local Plan (2001)

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823

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.