A BLUNDER by Bournemouth council led to Richard Carr being told that a controversial planning application had been rejected when the authority was still taking legal advice.

As reported in the Daily Echo, Mr Carr has consulted lawyers over the way the council is handling his application for 50 flats at The Green, Branksome Hill Road.

He believes council officers are obliged to present his plan to councillors on the planning board, rather than deciding it themselves.

But after the council said it was taking its own legal advice, Mr Carr received a notice saying his scheme had been refused. The decision also appeared, with a full report, on the council website.

The error led to Bournemouth’s planning chief Andrew England asking Mr Carr to return the decision notice so the council could reconsider.

Mr Carr said: “In the morning, I had an email from Andrew England saying they were going to seek their own opinion. In the afternoon, we got through the post the refusal. I was absolutely and utterly aghast.”

He said the refusal had now been rescinded while the council took advice.

Mr Carr, employed by Fortitudo Ltd, has sought permission to demolish five homes and build 50 flats. The application attracted 177 objections, including from Talbot and Branksome Woods Residents Association.

Mr Carr and his counsel say the council’s constitution requires it to refer his application to the planning board because the application was “red carded” by a local councillor.

Mr Carr said: “The substantial application should go to committee so it can be scrutinised properly by councillors.“Why am I being denied my democratic right to have this heard at committee? I’m not suggesting for one minute I’ll get it through committee but I want the democratic right for the committee to hear it.”

After the Daily Echo reported the decision that was published earlier this week, Bournemouth council issued a statement saying an “administrative error” had led to a decision being “published online”.

The statement did not mention that the refusal had also been sent to Mr Carr himself, who was subsequently asked to return it.

The council has declined to add to its statement, which went on: “A final decision will be made once we know the outcome of independent legal advice as to whether the application can be refused under delegated powers or whether the application requires consideration and determination by the planning board.”