Crossways Lower Pennington Lane, Pennington, Lymington, SO41 8FT

Planning appeal 3307917 at Crossways Lower Pennington Lane, Pennington, Lymington, SO41 8FT (New Forest District Council) was dismissed on 2 June 2023 by Inspector Parker R, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area, including with reference to protected trees.

demolition of existing house and erection of 5.no houses with access and parking

Authority: New Forest District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Parker R
Postcode: SO41 8FT

Main issues, as the Inspector framed them

the effect of the proposed development on the character and appearance of the area, including with reference to protected trees
the effect on biodiversity, including protected species and European sites

What decided it

The failure to secure mitigation for adverse impacts on European sites (New Forest SAC/SPA/Ramsar and Solent sites) through a s.106 obligation, which is fatal under The Conservation of Habitats and Species Regulations 2017 and engages the first limb of NPPF paragraph 11(d), preventing the tilted balance from applying.

Although the proposal would deliver housing to address a significant shortfall and bring economic benefits, and would represent efficient use of an accessible site, these benefits do not outweigh the identified harm to character and appearance and biodiversity, nor would they justify a decision contrary to the development plan; the European sites issue is fatal regardless.

What the Inspector cited

Development plan policies: Policy STR1Policy ENV3Policy DM2Policy ENV1
National Planning Policy Framework: Paragraph 11

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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More decisions in New Forest District Council

The authority’s record since 2016 · every decision in 2023

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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.