RICHARD Carr is threatening legal action against Bournemouth council after officers rejected a plan to demolish five homes and build 50 flats.

His plans for The Green at Branksome Hill Road attracted 177 letters of objection, including those from Talbot and Branksome Woods Residents Association and Bournemouth Civic Society.

Mr Carr has sought legal advice after planning officials reached their decision without referring the issue to councillors.

The application had been “red carded” by ward councillor Andrew Morgan. The council says this process means it would have to go before councillors on the planning board –but only if officers were to recommend granting approval.

But Mr Carr and his lawyer argue that the application should have gone to the planning board even though officers were recommending it be refused.

In a letter to council managing director Jane Portman, Mr Carr wrote: “If Bournemouth Borough Council does not conform to its own constitution and rides roughshod over its own governance, you are leaving the authority open to legal challenge. I would have thought that is the last thing that is needed at the moment.

“I do hope that you will do the democratic and correct thing and allow this application to come to planning committee as per the council’s own constitution.”

But shortly after his letter, Bournemouth council published its decision to reject the scheme without reference to the planning board.

Planning lawyer Scott Stemp said in his legal advice: “The ‘red card’ provisions apply irrespective of the recommendation of officers and, once properly triggered, cannot be avoided by delegated decision-taking.”

He said approving the scheme without reference to councillors would be beyond the council’s legal powers and ”susceptible to challenge in the courts”.

A statement from Andrew England, head of planning at Bournemouth Borough Council, said: The council is currently seeking its own independent legal advice and will respond to Mr Carr in due course.”

The plan, from applicant Fortitudo Ltd, followed an earlier application to build 40 flats, which was also refused.

A report by planning officer Charles Raven said the latest application “would result in an incongruous and dominating form of development” in a conservation area.

He said the design was inappropriate, excessively big and out of character with the area. The scheme was against policies on heathland and affordable housing, he added.