Pure Town Planning-Won on appeal with full award of costs: an infill development of 8 houses in Poole

Posted by Pure Town Planning on 28th June 2019 -

BCP Council: Pure Town Planning are pleased to report a successful appeal for a backland development of 8 houses in Rosemary Road, Poole for our clients Harlequin Homes. The houses were designed by local architects Anders Roberts Cheer.

The application was recommend for approval by the planning officer but due to the level of neighbour opposition to the scheme it was called in to Planning Committee to be determined. It appears that despite a virtually identical scheme next door, the Councillors on the previous Committee (under Borough of Poole Council) were overly swayed by the neighbours’ representations and refused the application on highway safety grounds.

 

In allowing the appeal the Inspector’s consideration was very abrupt and to the point on this matter;  “I have no substantive evidence before me to show that the construction of an additional eight dwellings will give rise to any material increase in risk to highway safety”.

With regard to the Award of Costs claim put forward by Pure Town Planning, the Inspector concluded:

“Whilst the committee is not bound to follow the advice of officers, it is necessary to clearly state the planning grounds in which the proposal is considered unacceptable and to provide clear evidence to substantiate its decision…. the committee’s resolution does not amount to compelling evidence that harm would arise to the extent that it was necessary to refuse permission.

It appears to me that having regard to the development plan, National planning policy and other material considerations, the LPA should reasonably have granted planning permission for the proposed development. Its failure to do so therefore constitutes unreasonable behaviour and the applicant has been faced with the unnecessary expense of lodging the appeal”

If you have received a planning refusal which you feel is unwarranted, contact Pure Town Planning for our honest and realistic opinion on your chances of challenging the decision and securing planning permission at appeal.