®Planning appeal decision
Crossways Lower Pennington Lane, Pennington, LYMINGTON, SO41 8FT
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
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.
Framework references: 11
Plan policies cited: Policy STR1, Policy ENV3, Policy DM2, Policy ENV1
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.