54 Elms Avenue Poole BH14 8EF

1. 1.The proposed intensification of residential use on site, due to the scale and footprint of the built form, would result in a development that would be served by a small and constrained rear garden, which would not provide a sufficient useable external, communal amenity space for the occupants of the proposed development, resulting in substandard living conditions for the prospective occupiers, contrary to the provisions of Policy PP27 (1d) of the Poole local plan and Policies DP3, S4 and L2 of the NPPF.
2. 2.The proposal, due to its intensification of residential use of the site, would fail to respect the prevailing and established character of the area where single family dwellings prevail, contrary to the provisions of Policy PP27 of the Poole Local Plan and Policies DP3, S4 and L2 of the NPPF.
3. 3.The application site is within 5Km of a Site of Special Scientific Interest (SSSI). This SSSI is also part of the designated Dorset Heathlands SPA (Special Protection Area) and Ramsar site, and is also part of the Dorset Heaths SAC (Special Area of Conservation). The proximity of these European sites (SPA and SAC) means that determination of the application should be undertaken with regard to 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 and SAC heathland. 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 heathland special features including those which are SPA and SAC 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 the Dorset Heathlands, and Policy PP32 and PP39 of the Poole Local Plan (November 2018).
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

BH14 8EF

Application type

Full Planning Permission

Scale / size

Small

Parish

Poole Town Council

Date validated

1 June 2026

Consultation expiry

22 June 2026

Consultation start

1 June 2026

Consultation end

22 June 2026

Agent address

Unit 5 Designer House Sandford Lane Wareham BH20 4DY

Case officer

Darren Henry

Documents

24