Plan for 378 Dorset homes rejected despite accordance with development plan

The refusal (190-page / 1MB PDF) comes despite the fact that "the proposal is in accord with the site allocation in the development plan and that it would meet the objectives of 'Planning for Growth'," the decision letter said.

Despite the fact that the application was in accordance with the site allocation in the development plan there were a number of factors against the proposal, particularly with regard to the proposed scheme's impact on the adjacent Talbot Heath which is designated as a Special Protection Area for its bird populations, the letter said. In applying the legal test set out in section 61 of the Conservation of Habitats and Species Regulations 2010 the Secretary of State ruled that the adverse impacts of the scheme could not be excluded.

The planning application was submitted by the charity Talbot Village Trust for development of land to provide 450 student units with ancillary facilities and 3500 square meetings of academic floor space (2.88 hectares); 378 new housing units (11.42 ha), and public open space including a buffer strip, pedestrian and cycle links and associated vehicular access. The proposals also included plans for improvement works to heathland (15.64 ha) and associated infrastructure and landscaping. The application was approved by Borough of Poole Council in June 2010 but was called in for determination by the Secretary of State in September that year.

During the public inquiry that followed the Royal Society for the Protection of Birds and Natural England presented a joint case to outline their views that the scheme would have a damaging impact on Talbot Heath. "If the risks could have been dealt with, then we'd have had no objection," Rory Henderson of RSPB South West said. "But our key concern was always that the range of mitigation measures proposed by the developers to remove this risk, such as a pet proof fence, were simply not adequate to guarantee protection of the site. And both the Planning Inspector and the Secretary of State have today agreed with this view."

Under Regulation 61 of the Habitats and Species Regulations 2010 a public authority must assess the impact of a plan or project on protected sites. The plan or project can only go ahead if it will not adversely affect those sites.

Certain members of the Government have been critical of the impact that the European Habitats and Wild Birds Directives have had on development. Chancellor George Osborne was reportedly critical in a recent cabinet meeting of the speed in which DEFRA is conducting a review into those Directives.