The first of four appeals against non-determination of planning applications by Dorset Council within the appointed timescale has resulted in full costs being awarded against the council.

Bellway Homes won their appeal over their development at Blandford St Mary.
The five-day virtual inquiry took place in December, and appeal inspector Paul Griffiths, in his decision announced the following month, said the main issue was whether the scheme was acceptable in character and appearance, having regard to the site and its surroundings, with particular reference to its potential impact on the settings of the Cranborne Chase and Dorset AONBs but also whether on-site features, notably a group of lime trees, had been properly considered.

He said that in granting outline planning permission for up to 350 dwellings and approving the access, the council must have satisfied itself that 350 dwellings could be satisfactorily accommodated on the site and accepted the two accesses and the spine road between them. He said its location in the setting of two AONBs, and its sensitivity and value, did not present any barrier to it being allocated in the Local Plan and Neighbourhood Plan.

The council has effectively accepted that the site would undergo significant change and in granting detailed permission for the first phase had accepted the general approach to design.

He said it was “clear that the manner in which the proposals have been designed would lead to no unacceptable impact on the setting of the AONB and certainly nothing beyond what would have been inevitable when …. outline planning permission for 350 dwellings was granted.”

He also rejected a number of conditions suggested by the council, and awarded full costs as a result of what he found was its “unreasonable behaviour” in seeking to put forward fewer than the 350 granted at outline and arguing against the visual impact of the scheme put forward.

“It is very plain from analysis of the visualisations, informed by site visits, that the scheme would not be unduly prominent, and the treatment of the lime tree roundel would be respectful. I cannot see how the visual evidence produced by the council can remotely justify the conclusions that were drawn,” he said.

A decision is expected soon on an appeal against non-determination by Dorset Council of an application for 70 homes at Charlton Marshall which was the subject of a hearing in December.

Further appeals to the Planning Inspectorate against non- determination of applications are also in progress in relation to an application for 23 affordable homes on land north of Enmore Court in Shaftesbury, for which a hearing by written representation started in January, and a separate application for 47 homes at Pleydells Farm, Okeford Fitzpaine.

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