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Planning appeal decision

Dismissed25 October 20243335632

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE

the conversion of ground floor store (class B8) to a 1 bed dwelling with associated cycle storage, alterations and a single storey front extension

Authority
Bournemouth, Christchurch and Poole
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Worley E

Main issues, as the Inspector framed them

  • whether the proposed development would provide suitable living conditions for future occupiers
  • the effect of the proposed development on the living conditions of the occupiers of 3a The Lane (No 3a) having regard to outlook
  • European sites

What decided it

The absence of a secured mechanism to fund mitigation measures for the adverse effect on the integrity of the Dorset Heathlands European sites, which the Regulations require to be ascertained before permission can be granted.

The significant benefit of providing housing in an area with inadequate housing land supply was outweighed by the requirement under the Habitats Regulations to protect European sites of particular importance, which provides a clear reason for refusal under paragraph 11(d)(i) of the Framework and removes the presumption in favour of sustainable development.

Framework references: 11, 52

Plan policies cited: Policy CS6, Policy CS21, Policy CS41, Policy CS33, Policy 6.8

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.