The decision means that the development, in Portland Road, can go ahead. Costs in the case were awarded against Dorset Council with the planning inspector stating that the council’s refusal was based upon vague and generalised assertions of harm which had resulted in an unnecessary appeal. “In the absence of demonstrable harm, specific consideration of this site’s context could have resulted in an appeal being avoided and, therefore, wasted expense in the appeal process has resulted. Therefore, a full award of costs is justified.” The business closed after losing trade, with McColls exercising a break clause in its contract to handed the lease back to the site owners five years early.