Land Rear of 21-27 Brixey Road Poole BH12 3PB

1. 1.The proposed height of unit 3 would result in overshadowing, harmful loss of daylight/sunlight and overbearing impact for no. 19a Brixey Road and in overlooking and perceived loss of privacy of proposed unit 2 that is contrary to the policy PP27 of the Poole Local Plan.
2. 2.The site, by reason of its location, will result in waste water generated by the new residential development creating an additional nitrate load that would have an adverse effect on the integrity of the Poole Harbour SPA & Ramsar a European Designated Site. There would be a Likely Significant Effect from the proposed development and in the absence of mitigation, it would not be possible to conclude that there would not be an adverse effect on the integrity of Poole Harbour SPA & Ramsar. The proposal is likely, alone or in combination with other projects, to have an adverse effect on the ecological integrity of the Poole Harbour SPA & Ramsar. The proposals are therefore contrary to Policy PP32 Poole’s nationally, European and internally important sites of the Poole Local Plan.
3. 3.The site lies between 400m and 5km of Dorset heathlands which are protected under European legislation for their wildlife importance. The Dorset Heathlands Planning Framework Supplementary Planning Document (SPD) 2020-2025 sets out the means by which the cumulative impacts of additional residential development in this zone can be mitigated. In this instance the proposal fails to secure the mitigation measures identified as necessary in the SPD such that it would be contrary to policy PP32 of the Poole Local Plan and the provisions of the National Planning Policy Framework, particularly paragraph 193.
4. 4.The application site is within close proximity to Poole Harbour which is a Special Protection Area (SPA), Site of Special Scientific Interest (SSSI) and Ramsar site and the determination of the application should be undertaken with regard to these European designations and the requirements of the Conservation of Habitats and Species Regulations 2017. The applicant has failed to demonstrate in accordance with the Habitat Regulations that the proposals will cause no harm to the SPA. It is clear, on the basis of advice from Natural England that, notwithstanding the CIL contribution, no avoidance or mitigation of adverse effects through Strategic Access Management and Monitoring (SAMM) has been secured. In the absence of any form of acceptable mitigation it is likely to have an adverse effect on the special features of Poole Harbour including those which are SPA features. Having regard to the Waddenzee judgement (ECJ case C-127/02) the Council is not in a position to be convinced that there is no reasonable scientific doubt to the contrary. For these reasons, and without needing to conclude the appropriate assessment, the proposal is considered contrary to the recommendations of the Berne Convention Standing Committee on urban development adjacent to Poole Harbour, and Policy PP32 and PP39 of the Poole Local Plan (November 2018).

From the council's decision notice.

Postcode

BH12 3PB

Application type

Removal or Variation of Condition

Scale / size

Small

Date validated

13 March 2026

Consultation expiry

17 April 2026

Consultation start

16 March 2026

Consultation end

17 April 2026

Agent address

Studio 2, The Focus Building 1 Crimea Rd Bournemouth BH9 1AP

Documents

17