# Land rear of 21-27 Brixey Road, Poole

- **Decision:** dismissed, 9 September 2026
- **Decided by:** Planning Inspector: Rachael Pipkin
- **Authority:** Bournemouth Christchurch and Poole (South West)
- **Appeal reference:** 6010375
- **Application reference:** P/26/01143/CONDR
- **Procedure:** written-representations
- **Development:** s73 variation of approved-plans condition to raise ridge of backland bungalow (Unit 3 of 3) by 1.8m with dormers
- **Homes:** 3
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** P3(2)(b)
- **Development plan policies:** Poole Local Plan 2018 PP27
- **Main issues:** living conditions
- **Tags:** tier-2, s73-variation, limited-nppf-engagement, habitats-mitigation

## Summary
Section 73 amendment adding first-floor rooms to an approved backland bungalow. Dismissed for overshadowing and overbearing effect on 19a Brixey Road and overlooking of the approved Unit 2. The decision rests entirely on Poole Local Plan PP27, and the Framework is not cited.

## What made the difference
The added height sat directly south of a neighbour's small garden, and there was no daylight or sunlight evidence (DL ¶¶7–8). The s73 added no homes, so the Council's "unmet housing need … does not attract weight" (DL ¶12).

## Policy findings
- **P3(2)(b): fail (significant weight).** 6.6m-high unit south of 19a overshadows and overbears small garden; no daylight/sunlight evidence; overlooking of Unit 2 garden (decided under PP27; Framework not cited) (DL 6-10)
- **HO7: neutral.** no additional homes over the approved scheme, so unmet need attracts no weight (DL 12)

## Key facts
- Ridge raised about 1.8m to 6.6m close to the southern boundary of 19a
- SAMM reasons dropped (application pre-dated 1 April 2026 fee uplift); nitrate issue not reached

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/a519c687-9931-4a9b-9d86-e74f4cf8053b
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6010375

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6010375.html

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