35 Denmark Road, Poole, BH15 2DE

Main issues, as the Inspector framed them

• whether the appeal site would be a suitable location for the proposed development, having regard to local and national planning policy
• the effect of the development on the character and appearance of the local area, having particular regard to the significance of heritage assets
• whether the development would provide acceptable living conditions for future occupiers and the effect of the development on the living conditions of occupiers of existing neighbouring properties with regard to overlooking and privacy
• the effect of the proposal on international and nationally designated sites of importance for biodiversity

What decided it

The likely significant effect on protected European Habitat Sites, combined with unjustified harm to the conservation area setting and unacceptable living conditions, provided strong reasons for refusal that engaged the exception to the presumption in favour of sustainable development under Framework paragraph 11(d)(ii).

The moderate public benefits of 9 dwellings in the context of a 2.1-year housing land supply were insufficient to outweigh the less than substantial harm to the conservation area, and were overridden by the strong reasons for refusal arising from likely significant effects on protected habitat sites and harm to heritage assets, which engaged the exception to the presumption in favour of sustainable development.