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Dismissed25 October 20243335632

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

Planning appeal 3335632 at 3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE (Bournemouth, Christchurch and Poole) was dismissed on 25 October 2024 by Inspector Worley E, by written representations. The main issue, as the Inspector framed it: whether the proposed development would provide suitable living conditions for future occupiers.

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
Postcode
BH8 8NE

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.

What the Inspector cited

Development plan policies
Policy CS6Policy CS21Policy CS41Policy CS33Policy 6.8
National Planning Policy Framework
Paragraph 11Paragraph 52

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 applied

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.