PLANNING conditions banning the use of new homes in Purbeck as second homes are being challenged following a recent appeal decision.

Earlier this month an inspector ruled Dorset Council's use of the policy from the emerging local plan was unreasonable.

The ruling on Alvid New Homes’ flats scheme in Swanage has prompted developers to apply for the removal of similar conditions on schemes across Purbeck.

A letter submitted by a planning consultant working on the St Mary's School site in Swanage said the council could not implement the restriction.

“The council has no justification for imposing a condition which relies wholeheartedly upon a policy in an emerging plan which has not been tested at examination,” Jo Tasker's letter says.

“The adopted Local Development Plan is silent on this matter and indeed it is thus not necessary to impose such a condition.”

Willton Homes’ application to redevelop the former West Lulworth Primary School site is among the other schemes where appeals are being made.

They are all based on the decision by planning inspector Andrew Tucker on the application to redevelop 251 High Street in Swanage.

Permission was granted by Purbeck District Council at the beginning of the year with a condition that “properties shall only be occupied by a person as his or her only or principal home”.

The condition was appealed by Alvid New Homes on the basis that it was a policy from the emerging local plan that had several unresolved objections.

Because of this, Mr Tucker allowed the appeal.

“I am not satisfied that it is necessary or reasonable to impose such a condition as it relies on the emerging policy which has a significant level of unresolved objections and therefore should be given limited weight,” his report said.

A Dorset Council spokesman said: "The council is aware of three recent appeals where planning inspectors have removed a condition which was intended to restrict second homes.

"The council will be considering the implications of these appeals in relation to any further planning applications in the affected parts of the council area.

"All planning applications will continue to be determined on their merits, and taking account of all relevant material considerations."