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An appeal promoting a major mixed-use development in the quayside of the Poole Town Centre Heritage Conservation Area was dismissed by Inspector David Wildsmith, appointed by the Secretary of State, on 11 July 2022. The scheme was to demolish the existing Thistle Quay hotel and construct five buildings, comprising four residential blocks (228 flats) with ground floor commercial floorspace, and a new hotel. There was an agreed shortfall in the five-year housing land supply, which therefore triggered NPPF para. 11(d). The Inspector concluded that, applying NPPF para. 202, the public benefits of the proposal would not outweigh the harm to the Conservation Area, thereby providing a "clear reason" for refusing the development proposed under NPPF para. 11(d)(i). The decision addresses the impact of the scheme on the character and appearance of the area, including on the Conservation Area at paras. 19-68. Although he dismissed the appeal, the Inspector also grappled at paras. 79-92 with the issue of when a viability review mechanism will be compliant with reg. 122 of the Community Infrastructure Levy Regulations 2010. The scheme would have provided nil affordable housing on viability grounds, and the Appellant argued that there was no policy basis for a review mechanism. The Inspector concluded that there was a sufficient policy basis to justify both an early-stage and late-stage viability review, notwithstanding that the Council's adopted plan did not refer to review mechanisms (instead, the Council relied on an SPD from 2011 which was referred to in the supporting text of the plan). Gwion Lewis QC acted for the Appellant, MHA Burleigh Poole (Propco) Limited, instructed by Claire Saffer at GunnerCooke. Matthew Fraser acted for the Council, instructed by Rob Firth. The appeal decision is available here.
