Lymington Shores, Bridge Road, Lymington, SO41 9BZ

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

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.

Plan policies cited: Policy CS4

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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