3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Site visit made on 1 October 2024 by E Worley BA (Hons) Dip EP MRTPI an Inspector appointed by the Secretary of State Decision date: 25 October 2024 Appeal Ref: APP/V1260/W/23/3335632 3 The Lane, Lowther Gardens, Bournemouth BH8 8NE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Pow Property Investments Ltd against the decision of Bournemouth Christchurch and Poole Council. • The application Ref is 7-2023-16806-C. • The development proposed is the conversion of ground floor store (class B8) to a 1 bed dwelling with associated cycle storage, alterations and a single storey front extension. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal form indicates that the description of development has not changed from that on the application form, nonetheless it includes an amended description which refers to aspects of the development not included in the original description. Accordingly, I have used the revised description taken from the Council’s Decision Notice and the appeal form in the banner heading above as this more accurately describes the appeal proposal. Main Issues 3.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision The main issues are: a) whether the proposed development would provide suitable living conditions for future occupiers; b) the effect of the proposed development on the living conditions of the occupiers of 3a The Lane (No 3a) having regard to outlook; and c) European sites Reasons Living conditions of future occupiers 4. The appeal building is a 2 storey brick building located to the rear of a row of terraced properties which front Holdenhurst Road. Pedestrian access to the site is gained through the under croft of the adjoining residential properties on The Lane to the rear of the site. The surrounding area includes a mix of commercial and residential uses. The first floor of the building is in residential https://www.gov.uk/planning-inspectorate

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/23/3335632 use, and there are existing residential units immediately to the front and rear of the building and a car parking area to the side, beyond the brick wall which runs along the side boundary of the site. 5. The appeal proposal would see the change of use of the ground floor of the building, which the application form indicates was last used for Class B8 uses, to a one-bedroom dwelling, including alterations to the fenestration and a single storey lean to extension to the end of the building. 6. The proposed living accommodation would comprise an open plan living/kitchen space, with a separate bedroom with an en suite shower room. I am satisfied that external cycle storage could be provided within the appeal site, details of which could be secured through a suitable planning condition. The internal floor area of the unit would fall below the minimum identified in the Technical housing standards – nationally described space standard, published 27 March 2015 (NDSS). However, its use is not required by any policies of the development plan.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Moreover, footnote 52 of the National Planning Policy Framework (the Framework) is clear that the use of these optional standards should be required through policies in the development plan and must be to address an identified need for such properties or where it can be justified. I have not been provided with such evidence in this case. 7. The Council contend that the failure to comply with the NDSS would result in poor living standards and that this would be exacerbated by the limited outlook, privacy and private amenity space to serve the dwelling. However, there is no substantive evidence that the accommodation, despite its modest proportions, would not provide accommodation of a suitable size to enable the provision of facilities and living space to meet the day-to-day needs of future occupants. 8. The site is enclosed by a combination of fencing and a wall to the site boundaries.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision While the light and outlook to the windows in the side elevation of the building that serve the bedroom and living space would be curtailed to a degree, the wall to the side boundary of the site, and trellis above which is not itself a solid structure, is nevertheless set back a short distance from the windows and is not excessive in hight. Consequently, it would allow views from these openings above it of the sky and would allow daylight to reach the windows. This arrangement would therefore not give rise to significant harm to the living conditions of future occupiers with regards to light and outlook. 9. The occupiers of the property would share the courtyard area with the residents living on the first floor of the existing building. It would provide a communal outdoor area of an adequate size to accommodate usual leisure and household activities associated with residential accommodation, such as the drying of clothes or the siting of a table and chairs, and the storage of cycles to serve the occupiers of the 2 small residential properties, albeit shared by the occupants. 10.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision While I note the Council’s concern that access through the courtyard would be required for several neighbouring properties, the appellant indicates that the site would provide access to the adjoining residential property only, with access to the flats fronting Holdenhurst Road being provided to the front of the property. Given the modest scale of the neighbouring residential unit, it would be unlikely to result in a significant level of pedestrian movements that would make the outdoor space unpleasant for occupiers to use. Moreover, there is no https://www.gov.uk/planning-inspectorate 2

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision While I note the Council’s concern that access through the courtyard would be required for several neighbouring properties, the appellant indicates that the site would provide access to the adjoining residential property only, with access to the flats fronting Holdenhurst Road being provided to the front of the property. Given the modest scale of the neighbouring residential unit, it would be unlikely to result in a significant level of pedestrian movements that would make the outdoor space unpleasant for occupiers to use. Moreover, there is no https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/V1260/W/23/3335632 clear evidence that the shared domestic use of the space by a small number of residents, including the transient use by the occupiers of the neighbouring property, would give rise to a significant loss of privacy or noise levels to the detriment of the occupiers of the proposed dwelling. 11. In light of the above considerations, the proposal, while modest in size, in terms of internal and external space, light, outlook and privacy, would be fit for purpose and would therefore provide suitable living conditions for future occupiers.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/23/3335632 clear evidence that the shared domestic use of the space by a small number of residents, including the transient use by the occupiers of the neighbouring property, would give rise to a significant loss of privacy or noise levels to the detriment of the occupiers of the proposed dwelling. 11. In light of the above considerations, the proposal, while modest in size, in terms of internal and external space, light, outlook and privacy, would be fit for purpose and would therefore provide suitable living conditions for future occupiers.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Accordingly, it would not conflict with the combined aims of Policies CS6, CS21 and CS41 of the Core Strategy, adopted October 2012 (CS) and the Council’s Residential Development: A design guide, adopted September 2008 (SPD) which seek high quality design that provides a suitable standard of amenity for future occupants, Policy 6.8 of the Bournemouth District Wide Local Plan adopted February 2002 (DWLP), which expects development to provide a high standard of layout and design that ensures adequate privacy for the occupants of the building, and the aims of the National Planning Policy Framework that seek to ensure a high standard of amenity for existing and future users. Living conditions of the occupiers of No 3a 12. There is an existing boundary fence immediately to the rear of No 3a which, due to its proximity to the building, already has an effect on the outlook from the rear ground floor window that looks towards the appeal property. The proposal would extend the existing building closer to No 3a than the current situation.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision However, given the short distance the extension would project from the existing building, the limited extent of the additional built form would nevertheless maintain a degree of separation between the buildings. While the proposed extension would be visible from No 3a above the existing boundary fence, it would be modest in scale and height, and would be viewed against the backdrop of the existing 2 storey gable situated to the rear of No 3a. Consequently, it would not appear as an unduly dominant feature and as such would not have a tangible effect upon the outlook from No 3a. 13. My attention has been drawn to advice in the Council’s SPD with regard to the minimum separation distances between buildings. This relates to overlooking of neighbouring properties, and specifically the minimum front to front distances for 2 storey dwellings and is therefore not directly applicable to the appeal proposal. Nonetheless, in the case of the proposed development, given the presence of the existing boundary fence between the properties, the ground floor windows in the extension that would face towards No 3a, would not result in any overlooking or loss of privacy. 14.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision For the foregoing reasons I find that the proposal would not harm the living conditions of the occupiers of No 3a having regard to outlook. As such, it would not conflict with Policy CS41 of the CS, in so far as it seeks well designed development of a high quality having regard to the amenities of neighbouring residents, and the provisions of the Framework with regard to creating places with a high standard of amenity for existing users. European sites 15. The site is within 5km of the Dorset Heathlands Special Protection Area and Ramsar Site, and part of the Dorset Heaths Special Area of Conservation (the Dorset Heathlands European sites). As the competent authority, I must https://www.gov.uk/planning-inspectorate 3

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision For the foregoing reasons I find that the proposal would not harm the living conditions of the occupiers of No 3a having regard to outlook. As such, it would not conflict with Policy CS41 of the CS, in so far as it seeks well designed development of a high quality having regard to the amenities of neighbouring residents, and the provisions of the Framework with regard to creating places with a high standard of amenity for existing users. European sites 15. The site is within 5km of the Dorset Heathlands Special Protection Area and Ramsar Site, and part of the Dorset Heaths Special Area of Conservation (the Dorset Heathlands European sites). As the competent authority, I must https://www.gov.uk/planning-inspectorate 3

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/23/3335632 therefore have regard to The Conservation of Habitats and Species Regulations 2017 as amended (the Regulations). These regulations require that, where a project is likely to have a significant effect on a European site (either alone or in combination with other plans or projects), the competent authority must make an appropriate assessment of the project’s implications in view of the relevant site’s conservation objectives. 16. The Dorset Heathlands European sites host protected priority habitats and species. The qualifying features include the Dartford Warbler, Nightjar, Woodlark, Hen harrier and Merlin as well as other typical species of lowland heathland, wetlands and dunes. The Dorset Heathlands Planning Framework 2020-2025 Supplementary Planning Document (DHPF) indicates that additional population arising from new residential development, either alone or in combination with other proposals, is likely to lead to increased recreational pressure on the Dorset Heathlands European sites, including an increase in wild fires, damaging recreational uses, the introduction of incompatible plants and animals, loss of vegetation and soil erosion and disturbance by humans and their pets.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision 17. The DHPF sets out that the implementation of measures to avoid likely effects upon the Dorset Heathlands European Sites can be achieved through the delivery of Heathland Infrastructure Projects (HIPs) and Strategic Access, Management and Monitoring (SAMM). The Council confirms that in the case of the appeal scheme, a financial contribution is required to fund SAMMs, which is to be collected through planning obligations, in accordance with the DHPF. 18. I note the appellant’s willingness to pay the financial contribution, which it is suggested could be paid directly or secured by a condition, should the appeal be allowed. However, Planning Practice Guidance1 sets out that conditions should not be used to require the payment of money. It is also clear that a negatively worded condition limiting the development that can take place until a planning obligation or other agreement has been entered into is unlikely to be appropriate in the majority of cases2. 19.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision In the absence of a mechanism to secure the required contribution towards appropriate mitigation, I am unable to conclude, beyond all reasonable scientific doubt, that the proposed development, in combination with other development, would not have an adverse effect on the integrity of the Dorset Heathlands European Sites. As such, the Regulations preclude the proposal from proceeding unless there are no alternative solutions, or the project must be carried out for imperative reasons of overriding public interest. It has not been put to me that such circumstances apply in this instance. 20. For the foregoing reasons, the proposal would conflict with Policy CS33 of the CS which sets out that development will not be permitted unless it can be ascertained that the development will not lead to an adverse effect upon the integrity, directly or indirectly, of the Dorset Heaths international designations and the DHPF. Planning Balance and Conclusion 21. The proposal would provide housing in an area where there is an inadequate supply of housing land, which is a significant benefit. However, 1 paragraph 005 Reference ID: 21a-005-20190723 2 Paragraph: 010 Reference ID: 21a-010-20190723 https://www.gov.uk/planning-inspectorate 4

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/23/3335632 notwithstanding the Council’s lack of housing land supply, my conclusion in relation to the likely effect on the Dorset Heathlands European sites is such that policies in the Framework that protect areas or assets of particular importance provide a clear reason for refusing the development proposed. Therefore, under paragraph 11 d) i) of the Framework, the proposal does not benefit from the presumption in favour of sustainable development. 22. There is no substantive evidence that the fallback position of the lawful use of the building for B8 storage purposes would not be resumed and is therefore a legitimate fallback position. Nonetheless, it would not result in the potential harm to the Dorset Heathlands European sites as in the case of the appeal scheme, and in that regard is not comparable in respect of the decisive issue. I therefore attribute the fallback position very limited weight. 23. My conclusions in relation to the scheme in terms of the first and second main issues is a neutral factor as opposed to a benefit to which I attach positive weight.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — Appeal Decision While I acknowledge there are a number of other benefits, the determining factor in this case is the adverse effect on the Dorset Heathlands European sites, in the absence of appropriate mitigation. The Regulations prevent me as the competent authority from allowing the development if I cannot ascertain that it will not adversely affect the integrity of the European site, despite my findings on the other main issues and the benefits of the scheme. 24. In light of the above considerations, the proposal would conflict with the development plan read as a whole and there are no other material considerations, including benefits associated with the supply of additional housing, that indicate that permission should be granted. 25. For the foregoing reasons, I conclude that the appeal should be dismissed.

3 The Lane, Lowther Gardens, Bournemouth, Dorset, BH8 8NE — Bournemouth, Christchurch and Poole — E Worley INSPECTOR https://www.gov.uk/planning-inspectorate 5