Lymington Shores, Bridge Road, Lymington, SO41 9BZ

Planning appeal 3277363 at Lymington Shores, Bridge Road, Lymington, SO41 9BZ (New Forest District Council) was dismissed on 14 March 2022 by Inspector Edwards S, following a hearing. The main issue, as the Inspector framed it: The main issue is therefore the effects of removing the disputed condition in the context of an appeal made under Section 73 of the Act, with particular regard to the provision of a pedestrian bridge over the railway.

Mixed use development comprised: 168 dwellings; restaurant; retail/commercial space (Use Class A1 & A2) boat club; art gallery (Use Class D1); jetty with pontoon; access alterations; pedestrian bridge over railway; riverside walkway; car parking; landscaping; drainage’ without complying with a condition attached to planning permission Ref 11/97849, dated 14 June 2012

Authority: New Forest District Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Edwards S
Postcode: SO41 9BZ

Main issues, as the Inspector framed them

The main issue is therefore the effects of removing the disputed condition in the context of an appeal made under Section 73 of the Act, with particular regard to the provision of a pedestrian bridge over the railway.

What decided it

The absence of a duly executed planning obligation securing construction of the pedestrian bridge in the terms originally agreed, since the submitted Unilateral Undertakings were not an appropriate mechanism to vary the earlier Section 106 agreement.

What the Inspector cited

Development plan policies: Policy CS4

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.