# 5 Bank Chambers, Penn Hill Avenue, Poole

- **Decision:** dismissed, 4 September 2026
- **Decided by:** Planning Inspector: L J O'Brien
- **Authority:** Bournemouth, Christchurch and Poole (South West)
- **Appeal reference:** 6008242
- **Application reference:** P/25/02136/FUL
- **Procedure:** written-representations
- **Development:** Retrospective kitchen extraction flue to rear of restaurant with flats above
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** P3
- **Development plan policies:** Poole Local Plan 2018 PP23, PP27
- **Main issues:** living conditions (noise, odour, outlook)
- **Tags:** tier-2, living-conditions, retrospective, transitional-no-consultation, limited-nppf-engagement, costs-application

## Summary
A retrospective restaurant extraction flue with flats above was dismissed for odour and harm to outlook for neighbours. Noise was found acceptable. The 2026 Framework is acknowledged in a single line (DL ¶4), and the decision turns on Poole local policies.

## What made the difference
Because the flue was already installed, residents' repeated first-hand experience of odour, backed by the EHO and the inspector's own visit, displaced a desk-based odour assessment that conceded a "very high" risk (DL ¶14, 17).

## Policy findings
- **P3: harm.** code mapped by harvester — odour: KOA itself rates the risk "very high"; flue discharges at c.4.7m close to upper-floor flats; resident evidence and site observation outweigh modelled KOA (DL 13-17); outlook: bulky, overbearing flue (DL 7-9); noise acceptable per NIA (DL 11-12)
- **E1: benefit.** code mapped by harvester — Framework support for businesses to "invest, expand and adapt" noted but does not overcome plan conflict (DL 20)

## Key facts
- Kitchen Odour Assessment modelled intended rather than actual performance; EHO doubted its robustness (DL 13)
- Retrospective, so real-world resident evidence of odour was available (DL 14)
- Licensing/abatement powers not a substitute for proper planning control (DL 21)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008242
- https://appeal-planning-decision.service.gov.uk/published-document/5aa82fe6-afb0-4cea-b679-0ed3744af4fe

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008242.html

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