That the
Council will no longer defend the remaining reasons for
refusal relating to ‘affordable housing provision’ and ‘applying the
sequential test’ which the Council had previously put forward in relation
to the refusal of application P/FUL/2024/04613. This will mean
that Council is no-longer defending the planning appeal for
this application.
Appeal reference: APP/D1265/W/25/3372602
Planning
application: P/FUL/2024/04613
Location: Land rear of 156-172,
South Street, Bridport DT6 3NP
Description
of development: Redevelopment
for erection of retirement living accommodation comprising 48
apartments, 25 cottages, communal facilities, access, car parking and
landscaping to create an integrated retirement community.
The
planning application was refused under delegated authority on 21/03/2025.
The
application was refused for reasons relating
to highways/layout, ecology, affordable
housing provision and applying the sequential test for flood
risk. On 24 October 2025, the decision was taken that the Council
would no longer be defending the reasons for refusal relating to
highways/layout and ecology, as the appellant
had submitted amendments and additional information to
address these matters.
For the
reasons set out below, the decision has now been taken that the
Council will no-longer be
defending the remaining reasons for refusal relating
to affordable housing and applying the sequential test for flood risk.
This means that the Council will no-longer be defending the planning
appeal for this application.
The
decision not to defend these reasons for
refusal is taken under delegated powers as set out in paragraph 139
of the Officer Scheme of Delegation (which forms part of the Council’s
constitution).
Paragraph
139 provides the following delegated powers:
To undertake all action relating to any matter arising in respect of any appeal, call-in and/or other inquiry and/or hearing of whatever nature arising pursuant to any Town and Country Planning Legislation including for the avoidance of doubt but without prejudice to generality of the foregoing:
(a) to determine any response required in relation to any procedural issue relating to any such matter including for the avoidance of doubt whether any such matter should be dealt with by means of written representation, hearing or public inquiry;
(b) to determine any procedural issue relating to any such matter including the venue for the holding on any hearing and/or appeal; and/or
(c) to determine whether or
not to defend any reason for refusal.