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Planning appeal decision

Dismissed5 August 20266008394

The garage between 22 Banks Road and 1 Panorama Road, Banks Road, Poole, BH13 7QE

change of use to dwellinghouse

Authority
Bournemouth Christchurch and Poole
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
BH13 7QE

Main issues, as the Inspector framed them

  • Whether the location of the development is suitable having regard to flood risk
  • Whether the proposal provides adequate mitigation for the Dorset Heathlands Special Protection Area (SPA) and Ramsar site and Dorset Heath Special Area of Conservation (SAC), and the Poole Harbour SPA and Site of Special Scientific Interest (SSSI) and Ramsar Site

What decided it

The location of the development is not suitable having regard to flood risk, as the proposal would introduce a more vulnerable use into an area at high future flood risk without demonstrating safe evacuation routes or adequate drainage, contrary to Framework paragraphs 170 and 181.

The modest benefits of housing delivery and brownfield reuse (afforded moderate positive weight) were significantly and demonstrably outweighed by the substantial harm arising from flood risk and the failure to achieve the Framework's environmental objective of mitigating and adapting to climate change; the presumption in favour of sustainable development was not engaged because paragraph 11d)i of the Framework applies to areas at risk of flooding.

Framework references: 8, 11, 61, 73, 170, 176, 181, 182

Plan policies cited: Policy PP38 of the Poole Local Plan (2018)

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.