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Dismissed11 December 20243336807

90 Smugglers Lane North, Christchurch, BH23 4NL

Planning appeal 3336807 at 90 Smugglers Lane North, Christchurch, BH23 4NL (Bournemouth, Christchurch and Poole) was dismissed on 11 December 2024 by Inspector Aqbal M, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area.

‘Sever the land at 90 Smugglers Lane North and construct a new 3 bedroom detached dwelling with integral garage and gardens to the front of the site, existing access to remain in situ for existing property with minor alterations, new access to be created for the new dwelling. (This application follows the previously refused scheme application reference: 8/23/0287/FUL).’

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Aqbal M
Postcode
BH23 4NL

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area.
  • The effect of the proposed dwelling on the living conditions of its occupiers.
  • The effect of the proposal on retained trees.
  • Whether the development would be likely to have a significant effect on the integrity of the Dorset Heathlands Special Protection Area, Dorset Heaths Special Area of Conservation, and Dorset Heathlands Ramsar sites.
  • Whether the development would be likely to have a significant effect on the integrity of the River Avon Special Area of Conservation, with particular regard to nutrient neutrality.

What decided it

The harm to the character and appearance of the area through the introduction of tandem development and loss of landscaping, combined with the significant overlooking and privacy harm to the proposed dwelling's occupiers, significantly and demonstrably outweighs the limited benefits of providing a single additional dwelling in an area with acute housing land supply shortfall.

The benefits of providing an additional dwelling in an area with acute housing land supply (1.6 years) were afforded limited weight, but the substantial harm to character and appearance and living conditions, contrary to the Framework's aims, significantly and demonstrably outweighed these benefits when assessed against the policies in the Framework taken as a whole.

What the Inspector cited

Development plan policies
Policy HE2 of the Christchurch and East Dorset Local Plan Part 1 - Core Strategy (2014)Policy HE3 of the Christchurch and East Dorset Local Plansaved Policy H12 of the Consolidated Borough of Christchurch Local Plan Adopted March 2001, modified September 2007Policy HWNP11 of the Highcliffe and Walkford Neighbourhood Plan (dated January 2023)Policy ME2 of the Christchurch and East Dorset Local Plan Part 1 - Core StrategyPolicy ME1 of the Christchurch and East Dorset Local Plan Part 1 - Core Strategy
National Planning Policy Framework
Paragraph 11

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.