A Planning Inspector has allowed an appeal for a major retirement housing scheme (48 retirement apartments and 25 retirement cottages) in Bridport, overturning Dorset Council’s refusal of planning permission.
Dorset Council had originally refused the application for four reasons, relating to highways, ecology, lack of affordable housing provision, and flood risk. By the time of the inquiry, amended plans had addressed the highways concerns; additional ecological information ‑ resolved the ecology issue; a section 106 agreement secured a £500,000 off-site affordable housing contribution; a Flood Warning and Evacuation Plan had also been submitted. Dorset Council confirmed that it was no longer defending the first two reasons for refusal and had amended their position in respect of the remaining reasons.
Revised Scheme
Allowing the appeal, the Inspector concluded that the revised scheme accorded with the development plan when read as a whole. The Inspector rejected arguments on an alleged oversupply of retirement accommodation, noting that retirement schemes commonly sell over longer periods and that this did not demonstrate a lack of need.
The Inspector considered viability evidence and concluded that development at the policy level was not viable. He concluded that a contribution equivalent to 10 affordable units was acceptable (policy required the equivalent to 26 units).
The decision is notable for confirming Inspectors’ support for specialist retirement housing where policy compliance can be achieved through scheme amendments and planning obligations.
Acceptable Developments
This appeal demonstrates that amendments to a scheme can result in an acceptable development and overcome reasons for refusal. It is notable that this appeal was dealt with by way of an inquiry.
The new planning appeal procedure for written representations will no longer allow amendments to be made post-refusal. Developers will therefore need to carefully consider how much information is needed to support their planning applications (more front-loading). If amendments are required to a live development proposal in order to make it acceptable then developers would need to seek a hearing or inquiry at appeal (bearing in mind that there are limits on such amendments) or submit a new application with the new information.
Chris Tofts is partner and head of planning at Stephens Scown. To discuss the content in this article, call 01872 265100 or [email protected]. (CT ref: 3372602)