# 46 The Finches, Weymouth

- **Decision:** dismissed, 29 September 2026
- **Decided by:** Planning Inspector: C Cooper-Young
- **Authority:** Dorset (South West)
- **Appeal reference:** 6011131
- **Application reference:** P/FUL/2026/01270
- **Procedure:** written-representations
- **Development:** Sever plot and erect one dwelling as a new end of terrace beside 46 The Finches
- **Homes:** 1
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S4, DP3
- **Development plan policies:** West Dorset and Weymouth and Portland Local Plan 2015 ENV2, ENV10, ENV12, ENV16, Weymouth Neighbourhood Plan 2026 W44
- **Main issues:** character and appearance, neighbours' living conditions, future occupiers' outlook, BNG
- **Tags:** tier-2, s4-within-settlement, s4-substantially-outweighed, design-refusal, living-conditions, fallback, bng-self-build-exemption, housing-shortfall, small-scheme, plan-policy-consistent-full-weight, parties-consulted-on-2026-framework

## Summary
A new end-of-terrace house beside 46 The Finches, Weymouth. The deliberately subordinate, squat form would look contrived against the stepped terrace; the blank two-storey flank wall would overbear the neighbour's garden; and no mechanism secured self-build or biodiversity measures. Under S4 the modest benefit of one home was substantially outweighed. Dismissed.

## Issues and findings
- **Transition.** "I consulted both parties on the changes to the Framework" (DL ¶2).
- **Character: significant HARM.** "the design of the new dwelling, with squat and purposefully narrowed proportions, would appear incongruous, and somewhat contrived" (DL ¶8). It would be contrary to plan policies "and Policy DP3 of the Framework, which, amongst other things requires that the siting, design and scale of development should integrate with and enhance their surroundings" (DL ¶9). DP3(3) is not mentioned.
- **Neighbour: HARM.** "the two-storey blank flank wall would present as a tall, dominant and oppressive elevation" (DL ¶11).
- **BNG.** "Planning Practice Guidance outlines that this exemption applies only where the application for planning permission was made on or after 6 August 2026" (DL ¶16). Self-build was then exempt, "However, there was no robust mechanism proposed (such as a S106 legal agreement) to secure it" (DL ¶17).
- **Fallback.** Real, but "the fallback scheme cannot be afforded significant weight" because the appeal scheme is more harmful (DL ¶27).
- **Plan weight.** "Policies ENV10 and 12 of the LP are broadly consistent with the design aims of the Framework" (DL ¶28).

## Planning balance
S4. Modest housing benefit against design, amenity and biodiversity conflicts, each with substantial weight: "the benefits of the proposal would be substantially outweighed by its adverse effects" (DL ¶30).

## What made the difference
The flank wall and the contrived form. An attempt to make the unit subordinate made it discordant in a terrace whose character comes from consistent stepped ridgelines.

## Transferable points
- Subordination can itself be the design fault where the terrace's character depends on a consistent rhythm (DL ¶7–8).
- A fallback carries significant weight only if it is at least as harmful as the appeal scheme (DL ¶26–27).
- Small-site 0.2 ha BNG exemption: only for applications made on or after 6 August 2026, per PPG (DL ¶16).
- Design conflict with DP3 weighed in S4 without the DP3(3) clear-justification step (DL ¶9, ¶28–30).

## Policy findings
- **DP3(1): conflict (substantial weight).** squat, narrowed end-of-terrace unit "incongruous, and somewhat contrived" against the stepped ridgelines; significant character harm; weighed in S4, no DP3(3) or clear-justification step (DL 7-9, 28)
- **P3: fail (substantial weight).** mapped: two-storey blank flank wall overbearing on the garden of No 27 (ENV16) (DL 10-12, 29)
- **BNG (Sch 7A TCPA): fail (substantial weight).** self-build exemption applied at the date of the application, but no mechanism secured self-build or the biodiversity measures; conflict with ENV2 (DL 15-18, 29)
- **Transitional(2): accord (substantial weight).** ENV10, ENV12 and ENV16 "broadly consistent" with the Framework's design and amenity aims (DL 28-29)
- **S4: fail.** modest housing benefit (no five-year supply) substantially outweighed (DL 23, 30)

## Key facts
- Council cannot demonstrate a five-year supply; figure not stated (DL 23)
- Real fallback of extant householder permission and LDCs, but less harmful than the appeal scheme, so not significant weight (DL 24-27)
- Earlier appeal (APP/D1265/W/21/3288630) found no character harm, but details not before the inspector (DL 5)
- No dual-aspect windows is not itself harmful (DL 13-14)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6011131
- https://appeal-planning-decision.service.gov.uk/published-document/6eb96c09-a4e1-43c8-8a7c-10f1eb9db657

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6011131.html

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