Agenda and minutes

Apologies for absence were received from Cllrs Dowd, Hartmann, Penny and Rickman.

To confirm the minutes of the meeting held on 12 March 2025 as a correct record.

RESOLVED:

That the minutes of the meeting held on 12^th March 2025 be agreed as a correct record and signed by the Chairman.

To note any declarations of interest made by members in connection with an agenda item.  The nature of the interest must also be specified.

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

Cllr J Davies disclosed a non-pecuniary interest in application 22/11424 and explained that he had, as a member of the Lymington and Pennington Town Council Planning Committee, expressed a view on the matter and therefore would remove himself from the Committee for this item. Cllr Davies confirmed that he would be speaking as a Town Councillor on this item.  

Cllr J Davies disclosed a non-pecuniary interest in applications 24/10590 and 25/10039 for transparency purposes as a Ward Member of Lymington and Pennington Town Council. He had not passed comment nor given a view on either of the applications and therefore, concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote. 

Cllr Woods disclosed a non-pecuniary interest in application 24/10976 for transparency purposes as a Ward Member of Fordingbridge Town Council. He had not passed comment or given a view on the application or attended any town council meetings about the application.  He concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

To determine the applications set out below:

Erection of up to 82 No. Dwellings, including Access, Highways Works, Public Open Space (POS), Alternative Natural Recreational Greenspace (ANRG), Landscaping and Drainage Attenuation (Outline Application with details of Access and Layout only)

RECOMMENDED:

Delegated Authority be given to the Service Manager (Development Management) to reconsult Natural England on the Appropriate Assessment and have regard to their advice. and to either:

A. GRANT PERMISSION subject to:

i.                the prior completion of an agreement pursuant to Section 106 of the Town and Country Planning Act to secure the matters set out in the report:

ii.              the imposition of the conditions set out in Appendix 1 and any additional / amended conditions deemed necessary by the Service Manager (Development Management), having regard to the continuing Section 106 discussions to ensure consistency between the two sets of provisions; and

iii.             the positive determination of the associated application (Ref: 22/01024OUT) with the New Forest National Park Authority; or

B. REFUSE (in the absence of a positive determination of the associated application (Ref: 22/01024OUT) with the New Forest National Park Authority).

Details:

Erection of up to 82 No. Dwellings, including Access, Highways Works, Public Open Space (POS), Alternative Natural Recreational Greenspace (ANRG), Landscaping and Drainage Attenuation (Outline Application with details of Access and Layout only)

Public Participants:

Mr Bennett Ken Parke Planning Consultants (Agent)

Mrs Susan Hood (Supporter)

Mr Bob Hull on behalf of PALLS (Objectors)

Mr Andrew Ryde (Objector)

Cllr Jack Davies - Pennington Ward Councillor

Cllr Jacqui England - Lymington Ward Councillor

Additional Representations:

One additional public representation received on highway safety. 

Comment:  

Cllr J Davies disclosed a non-pecuniary interest in application 22/11424 and explained that he had, as a member of the Lymington and Pennington Town Council Planning Committee, expressed a view on the matter and therefore would remove himself from the Committee for this item. Cllr Davies confirmed that he would be speaking as a Town Councillor on this item.  

The Committee received the following updates –  

New Forest National Park Authority (NFNPA) have published the 15 April 2025 NFNPA Committee Report for the associated application reference 22/01024. The NFNPA recommendation for 22/01024 is: 

Subject to a positive recommendation from New Forest District Council in relation to planning application 22/11424, the prior completion of a section 106 legal agreement in accordance with the above heads of terms and the conditions as set out in this report and as may be updated, the recommendation is the Head of Planning be authorised to grant planning permission subject to the following conditions, including delegated authority for the amendment/ adjustment of conditions where necessary.  

HCC Highways has confirmed via email that Lower Pennington Lane was resurfaced in late 2024. 

Nine further representations and emails received (as of 8 April 2025).  

Oakhaven Hospice 

One remaining concern is that the buffer strip and parking is proposed to come under management company control. Oakhaven are concerned about how effective the management of the buffer strip will be under the control of a management company. Concerned that the use of a management company means that there will be no guarantee that the privacy and tranquillity of the hospice is not impacted in any way.  

Should this application be successful Oakhaven would ask that the Planning Committee include transfer of ownership of the land for both the buffer strip and car park to the hospice so the hospice can take responsibility for its future upkeep and maintenance as part of its existing estate.  

Oakhaven are quite happy for a covenant to be placed on the gifted land preventing any other kind of development on that land. 

Pennington and Lymington Lanes Society 

In the event of a positive determination, urge NFDC to add a condition to prevent vehicular access through the site via the addition of a traffic control on the spine road. Further detailed highways comments received on 7 April 2025 on pedestrian and cycle access, and traffic impact. Additional comments on dormouse corridor, management of open spaces and the boundary on the northern edge of the application site. 

The other seven representations received set out  ...  view the full minutes text for item 37a

68-bed care home (use class C2); 8no. dwellings (use class C3), public open space, provision of an extended residential curtilage for ‘Fairmile’, new access to Whitsbury Road; closure of the existing access to Whitsbury Road; parking, landscaping, sustainable drainage, and other associated works

RECOMMENDED:

Delegated Authority be given to the Service Manager (Development Management) to:

i.                Take receipt of and have regard to any comments from Natural England in response to the Council’s Appropriate Assessments; and

ii.              The prior completion of an agreement pursuant to Section 106 of the Town and Country Planning Act to secure the matters set out in the report

Then GRANT PERMISSION subject to the imposition of the conditions set out in the report and any additional / amended conditions deemed necessary by the Service Manager (Development Management), having regard to the comments from Natural England and due to the continuing Section 106 discussions to ensure consistency between the two sets of provisions.

Details:

68-bed care home (use class C2); 8no. dwellings (use class C3), public open space, provision of an extended residential curtilage for ‘Fairmile’, new access to Whitsbury Road; closure of the existing access to Whitsbury Road; parking, landscaping, sustainable drainage, and other associated works.

Public Participants:

Mr Martin Hawthorne - Planning Director, Highwood Group

Additional Representations:

None.

Comment:

Cllr Woods disclosed a non-pecuniary interest in application 24/10976 for transparency purposes as a Ward Member of Fordingbridge Town Council. He had not passed comment or given a view on the application or attended any town council meetings about the application.  He concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote. 

The Committee received an update from the Case Officer. There was a consultation response from Nature Space (page 152) to change to No objections subject to condition.

Decision:

Delegated Authority was given to the Service Manager (Development Management) to:

i.                Take receipt of and have regard to any comments from Natural England in response to the Council’s Appropriate Assessments

ii.              The prior completion of an agreement pursuant to Section 106 of the Town and Country Planning Act to secure the following:

• Habitat Mitigation contribution towards infrastructure and non-infrastructure costs

• Air Quality monitoring contribution for both elements of the development

• Play space off site contribution arising from market dwellings

• Formal play off site contribution

• Securing sustainable transport pedestrian link along southern boundary

• Submission of a full Travel Plan in respect of the Care Home element

• Section 278 Agreement for new junction onto Whitsbury Road

• Contribution towards connecting link to public footpath 83

• Contribution towards improvements and maintenance of local rights of way

• County Council preparation of agreement charge

Then GRANT PERMISSION subject to the imposition of the conditions set out below and any additional / amended conditions deemed necessary by the Service Manager (Development Management), having regard to the comments from Natural England and due to the continuing Section 106 discussions to ensure consistency between the two sets of provisions.

Reasons/Conditions:

As set out in the report.

54 residential dwellings including affordable housing; change of use of land for public open space including Alternative Natural Recreational Greenspace (ANRG); new vehicular access onto Milford Road, new pedestrian and cycle links & other infrastructure, including connection to the strategic foul network, surface water management and associated ground works

RECOMMENDED:

Delegated Authority be given to the Service Manager (Development Management) to reconsult Natural England on the Appropriate Assessment and have regard to their advice and to GRANT PERMISSION subject to:

i.                the prior completion of an agreement pursuant to Section 106 of the Town and Country Planning Act to secure the matters set out in the report; and

ii.              the imposition of the conditions set out in the report and any additional / amended conditions deemed necessary by the Service Manager (Development Management), having regard to the advice from Natural England and the continuing Section 106 discussions to ensure consistency between the two sets of provisions.

Details:

54 residential dwellings including affordable housing; change of use of land for public open space including Alternative Natural Recreational Greenspace (ANRG); new vehicular access onto Milford Road, new pedestrian and cycle links & other infrastructure, including connection to the strategic foul network, surface water management and associated ground works.

Public Participants: 

Mr Phillip Brannon – Director of Development, Colten  

Additional Representations: 

None.

Comment:  

Cllr J Davies disclosed a non-pecuniary interest in application 24/10590 for transparency purposes as a Ward Member of Lymington and Pennington Town Council. He had not passed comment nor given a view on the application and therefore, concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.  

Decision: 

Delegated Authority be given to the Service Manager (Development Management) to reconsult Natural England on the Appropriate Assessment and have regard to their advice and to GRANT PERMISSION subject to:  

1. the prior completion of an agreement pursuant to Section 106 of the Town and Country Planning Act to secure the matters set out in the report; and  

2. the imposition of the conditions set out in the report and any additional / amended conditions deemed necessary by the Service Manager (Development Management), having regard to the advice from Natural England and the continuing Section 106 discussions to ensure consistency between the two sets of provisions. 

Conditions/Reasons:  

Conditions as set out in the report. 

Replacement dwelling

RECOMMENDED:

Grant subject to conditions

Details:

Replacement dwelling.

Public Participants:

Mr Chris Meill on behalf of Mr & Mrs Thorne (Applicants)

Mr Jonathan Meeson (Objector)

Mrs Eirlys Jenkins (Objector)

Cllr Jacqueline England - Lymington Ward Councillor

Cllr Alan Penson – Lymington and Pennington Town Councillor

Additional Representations:

One further objection, one further letter of support – the number of representations remain the same as published in the officer report as both representees have already commented.

Comment:

Cllr J Davies disclosed a non-pecuniary interest in application 24/10039 for transparency purposes as a Ward Member of Lymington and Pennington Town Council. He had not passed comment nor given a view on the application and therefore, concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

The Case Officer provided an update to the Committee. There was an update to condition 2 – existing plans 210 2. The development permitted shall be carried out in accordance with the following approved plans: Supporting Statement Preliminary Roost Assessment by Arbtech dated June 2024 Bat Emergence and Re-entry Surveys by Arbtech dated September 2024 Air Quality Statement Climate Change Statement LP.01 REV F Location Plan EE.01 REV A Existing Elevations EP.01 REV A Existing Floor Plans PE.01 Proposed Elevations PE.02 REV A Proposed Elevations PP.01 REV A Proposed Ground Floor Plan PP.02 REV B Proposed First Floor Plan SS.01 Street Scene CP.01 Comparable Ground Floor Plan Reason: To ensure satisfactory provision of the development.

Decision:

Grant permission subject to conditions.

Conditions/Reasons:

As set out in the report.

Change of use from care home to house in multiple occupation (HMO)

RECOMMENDED:

Refuse

Details:

Change of use from care home to house in multiple occupation (HMO).

Public Participants:

Mrs Wendy Osman, Avondale Care Home - (Applicant)

Mr Michael Sims (Objector)

Additional Representations:

None.

Comment:

Cllr J Davies was not present for this item.

Decision:

Refuse

Conditions/Reasons:

The proposed development would represent an overly intensive form of development which would fail to provide a suitable living environment for future residential occupants. It is considered that the reduction and overall poor quality of external amenity space exacerbates concerns about a poor-quality internal living environment and the cumulative impact would result in a poor quality living environment for proposed residential occupiers. The proposal would thereby constitute poor design which would be symptomatic of the overintensive nature of the proposed residential use. For these reasons, the proposal would be contrary to Policy ENV3 of the Local Plan Part 1 Planning Strategy for the New Forest outside of the National Park and the provisions of Chapter 13 and paragraph 135 of the National Planning Policy Framework (2024).

The recreational and air quality impacts of the proposed development on the New Forest Special Area of Conservation, the New Forest Special Protection Area, the New Forest Ramsar site, the Solent and Southampton Water Special Protection Area / Ramsar site, the Solent Maritime Special Area of Conservation and the Solent and Dorset Coast Special Protection Area, would not be adequately mitigated, and the proposed development would therefore unacceptably increase recreational and air quality pressures on these sensitive European nature conservation sites, contrary to Policy ENV1 of the New Forest District Local Plan Part 1 and Policy DM2 of the Local Plan Part 2 Sites and Development Management Development Plan Document and the Supplementary Planning Document - Mitigation Strategy for European Sites.

Single-storey side extension to form porch & garage conversion; rear detached garage

RECOMMENDED:

Grant subject to conditions

Details:

Single-storey side extension to form porch & garage conversion; rear detached garage.

Public Participants:

Mrs Withey (Objector)

Additional Representations:

None.

Comment:

Cllr J Davies was not present for this item.

Decision:

Grant subject to conditions.

Conditions/Reasons:

As set out in the report.

Use of existing office / outbuilding as holiday let

RECOMMENDED:

Delegated Authority be given to the Service Manager Development Management to GRANT PERMISSION subject to:

i)               the completion by of a planning obligation entered into by way of a Section 106 Agreement or Unilateral Undertaking to secure the matters set out in the report; and

ii)              the imposition of the conditions set out in the report.

Details:

Use of existing office / outbuilding as holiday let.

Public Participants:

Mr Richard Crane, RCA Architecture (Agent)

Additional Representations:

None.

Comment:

Cllr J Davies was not present for this item.

Decision:

Delegated Authority be given to the Service Manager Development Management to GRANT PERMISSION subject to:

i.                the completion by of a planning obligation entered into by way of a Section 106 Agreement or Unilateral Undertaking to secure the matters set out in the report; and

ii.              the imposition of the conditions set out in the report.

Conditions/Reasons:

As set out in the report.

Proposed single storey extensions at side and rear; replacement porch; detached garage and log cabin/outbuilding

RECOMMENDED:

Grant subject to conditions

The item was withdrawn from the agenda.

Conversion of an existing detached garage to provide ancillary accommodation

RECOMMENDED:

Grant subject to conditions

The item was withdrawn from the agenda.