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Planning appeal decision

Dismissed26 January 20263363580

Land adjacent to Pear Tree PH, Winchester Road, Southampton, Hampshire, SO32 2DH

erection of 6 dwellings, associated parking and creation of new access

Authority
Eastleigh Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Tucker A

Main issues, as the Inspector framed them

  • whether there would be a significant effect on the internationally important features of the Solent Complex of European protected sites, or the New Forest Special Protection Area, Special Area of Conservation and Ramsar sites
  • whether the site is suitably located for the development proposed with regard to the development plan
  • the effect of the proposal upon the character and appearance of the area
  • the effect of the proposal upon the operation or viability of the Pear Tree Inn Public House (PH)
  • whether the proposal would secure acceptable living conditions for its future occupants in respect of noise
  • whether the proposal makes provision for securing biodiversity net gain

What decided it

The proposal would not satisfy the Habitats Regulations with regard to the New Forest Special Protection Area, Special Area of Conservation and Ramsar sites because the submitted mitigation strategy does not accord with Natural England's evidenced position on the required level of Suitable Alternative Natural Green Space provision.

The benefits of delivering 6 dwellings and various economic benefits could not outweigh the findings regarding breach of the Habitats Regulations.

Framework references: 11, 135, 200, 88, 98

Plan policies cited: Policy DM11, Policy S5, Policy DM1, Policy DM36, Policy DM8

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.