Agenda item

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 comments on highways, access, ecology, flooding, loss of tranquillity, impact on the hospice, site layout, management of open spaces, impact on character of the Lanes, and impact on residential amenity through new pedestrian access routes.  

 

For reference, the application is Outline with Access and Layout and as such the siting of dwellings is to be determined in this application. The proposed detailed design comprising landscaping, appearance and scale will be determined in a potential later Reserved Matters application. 

  

One additional planning condition on Nitrates: Water Efficiency  

 

No dwelling hereby approved shall be occupied until a water efficiency calculation in accordance with the Government's National Calculation Methodology for assessing water efficiency in new dwellings has been undertaken which demonstrates that no more than 110 litres of water per person per day shall be consumed within the development, and this calculation has been submitted to, and approved in writing by, the Local Planning Authority; all measures necessary to meet the agreed wastewater efficiency calculation must be installed before first occupation and retained thereafter. 

 

Reason: There is existing evidence of high levels of nitrogen and phosphorus in the water environment with evidence of eutrophication at some European designated nature conservation sites in the Solent catchment. The PUSH Integrated Water Management Strategy has identified that there is uncertainty as to whether new housing development can be accommodated without having a detrimental impact on the designated sites within the Solent. Further detail regarding this can be found in the appropriate assessment that was carried out regarding this planning application. To ensure that the proposal may proceed as  

sustainable development, there is a duty upon the local planning authority to ensure that sufficient mitigation for is provided against any impacts which might arise upon the designated sites. In coming to this decision, the Council have had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017. 

 

The Committee were provided the following verbal updates at the meeting:  

 

The addition of Plot 42 to Condition 20 (Removal of Permitted Development Rights). 

 

Typo on page 98 of the published Committee Report was corrected to read April 2025 rather than March 2025. 

 

One additional public representation received on highway safety. 

 

 

Decision: 

 

Refused. 

 

Reasons for Refusal:  

 

1. The application fails to demonstrate that an appropriate means of vehicular access and cycle access can be provided from both Lower Pennington Lane and Ridgeway Lane to the detriment of the ease of use and safety of users of motorised vehicles. The proposal is therefore contrary to the requirements of New Forest District Council Local Plan 2016-2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy CCC2 (Safe and sustainable travel) criteria (ii) and (vi), and Policy Strategic Site 6: Land to the east of Lower Pennington Lane, Lymington criterion (ii)(e).  

 

2. The application fails to demonstrate an appropriate means of sustainable drainage systems and as such the proposal provides insufficient information and evidence to fully demonstrate that the proposed development could be developed in a way that will be safe for the lifetime of the development, appropriately flood resistant and resilient from surface water and will not give rise to or exacerbate surface water flooding. The proposal is therefore contrary to the requirements of New Forest District Council Local Plan 2016- 2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy STR1 (Achieving sustainable development) criterion (v) and Policy CCC1 (Safe and Healthy Communities) and the advice set out in the National Planning Policy Framework (December 2024) and the Planning Practice Guidance on flood risk and development.  

 

3. 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, the Solent and Southampton Water Ramsar site, the Solent Maritime Special Area of Conservation, and the Solent and Dorset Coast Special Protection Area would not be adequately mitigated in the absence of a completed s106 planning obligation and the proposed development would therefore be likely to unacceptably increase recreational pressures and erode air quality on these sensitive European nature conservation sites, contrary to Policy ENV1 of the New Forest District Council Local Plan 2016-2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) and the Council’s Supplementary Planning Document “Mitigation for Recreational Impacts on New Forest European Sites” and the Bird Aware Solent Strategy 2017.  

 

4. In the absence of a completed s106 planning obligation to secure any affordable housing, the proposed development would fail to provide affordable housing to address the substantial need for affordable housing in the District. The proposal would therefore conflict with New Forest District Council Local Plan 2016-2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy HOU2 (Affordable Housing).  

 

5. In the absence of a completed s106 planning obligation to secure an appropriate contribution towards the improvement and maintenance of Public Rights of Way, the proposed development would result in an unacceptable impact on existing Public Rights of Way that cannot be sufficiently mitigated. The proposal would therefore conflict with New Forest District Council Local Plan 2016-2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy Strategic Site 6: Land to the east of Lower Pennington Lane, Lymington criteria (ii)(c) and (iii)(d) and Policy CCC2 (Safe and sustainable travel) criteria (i) and (vi).  

 

6. In the absence of a completed s106 planning obligation to secure an appropriate contribution towards off-site Formal Open Space provision, the proposed development would result in an unacceptable impact on existing Formal Open Space provision that cannot be sufficiently mitigated. The proposal would therefore conflict with Local Plan Part 1: Core Strategy 2009 Policy CS7 (Open spaces, sport and recreation).  

 

7. In the absence of a completed s106 planning obligation to secure an appropriate management regime in perpetuity for vehicular parking areas within the application site, the proposal would therefore conflict with New Forest District Council Local Plan 2016-2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy Strategic Site 6: Land to the east of Lower Pennington Lane, Lymington criterion (iii)(c) and Policy CCC2 (Safe and sustainable travel) criteria (iv).  

 

8. In the absence of a completed s106 planning obligation to secure an appropriate contribution towards off-site Arboricultural works and Pedestrian Access works provision, the proposed development would therefore be contrary to the requirements of New Forest District Council Local Plan 2016- 2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy CCC2 (Safe and sustainable travel) criterion (i) and Policy Strategic Site 6: Land to the east of Lower Pennington Lane, Lymington criterion (ii)(c) and (d).  

 

9. In the absence of a completed s106 planning obligation to secure an appropriate contribution towards a Travel Plan and associated fees, a financial contribution towards off-site highways and pedestrian access works, footway works, crossing point, passing places and localised road surfacing/ widening, the proposed development would therefore be contrary to the requirements of New Forest District Council Local Plan 2016-2036 Part One: Planning Strategy (New Forest District outside the New Forest National Park) Policy CCC2 (Safe and sustainable travel) criterion and Policy Strategic Site 6: Land to the east of Lower Pennington Lane, Lymington 

 

10.  By virtue of its built density the proposal would overdevelop the site and the proposal will fail to be sympathetic to the surrounding built form, spaces and landscape features of the area resulting in an adverse impact upon local character and residential amenity. The proposal is contrary to policy ENV3 of the Local Plan Part 1.