Planning Consent 1800517

TOWN AND COUNTRY PLANNING ACT 1990

Applicant:

New Forest National Park Authority

Date of Application:

02 July 2018

THE NEW FOREST NATIONAL PARK AUTHORITY as the Local Planning Authority GRANTS PLANNING PERMISSION SUBJECT TO CONDITIONS for the following development:

Development

Two affordable dwellings; cycle stores; local heritage centre

Site

Land Adjacent To Park Lodge, Ringwood Road, Burley, BH24 4BS

This decision has been taken in respect of the following plans:

Drawing nos: P574/12, P574/13, P574/12/02, P574/12/03, P574/12/04, P574/12/05, 16245-BT2, 8844_101.

Subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

   Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Development shall only be carried out in accordance with drawing nos: P574/12, P574/13, P574/12/02, P574/12/03, P574/12/04, P574/12/05, 16245-BT2, 8844_101.

   No alterations to the approved development shall be made unless otherwise agreed in writing by the New Forest National Park Authority.

   Reason: To ensure an acceptable appearance of the building in accordance with policies CP7, CP8, DP6 and DP1 of the New Forest National Park Core Strategy and Development Management Policies (DPD) December 2010.

3. No development shall take place above slab level until samples or exact details of the facing and roofing materials have been submitted to and approved in writing by the New Forest National Park Authority.

   Development shall only be carried out in accordance with the details approved.

   Reason: To ensure an acceptable appearance of the building in accordance with Policy DP1 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any re-enactment of that Order) no extension (or alterations) otherwise approved by Classes A or C of Part 1 of Schedule 2 to the Order, garage or other outbuilding otherwise approved by Class E of Part 1 of Schedule 2 to the Order shall be erected or carried out without express planning permission first having been granted.

   Reason: To ensure the dwelling remains of a size which is appropriate to its location within the countryside and to comply with Policies DP10 and DP11 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any re-enactment of that Order) no means of enclosure otherwise approved by Class A of Part 2 of Schedule 2 to the Order shall be erected or carried out without express planning permission first having been granted.

   Reason: In view of the physical characteristics of the plot, the New Forest National Park Authority would wish to ensure that any future development proposals do not adversely affect the visual amenities of the area and the amenities of neighbouring properties, contrary to Policy DP1 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

6. The outbuildings the subject of this permission shall only be used for purposes incidental to the dwelling on the site and shall not be used for habitable accommodation such as kitchens, living rooms and bedrooms.

   Reason: To protect the character and appearance of the countryside in accordance with Policies DP11 and DP12 of the adopted New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

7. No external lighting shall be installed on the site unless details of such proposals have been submitted to and approved in writing by the New Forest National Park Authority.

   Reason: To protect the amenities of the area in accordance with Policies DP1 and CP6 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

8. The two residential units hereby approved shall be used solely for the purposes of affordable housing for rent as defined in Annex 2 of the National Planning Policy Framework (2018).

   Reason: The dwellings are only justified on the basis that it is necessary to provide housing to meet a locally identified need within the settlement of Burley, in accordance with Policy CP11 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

9. The trees on the site which are shown to be retained on the approved plans shall be protected during all site clearance, demolition and building works in accordance with the measures set out in the submitted arboricultural statement.

   Reason: To safeguard trees and natural features which are important to the visual amenities of the area, in accordance with Policies DP1 and CP2 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

10. No development shall take place until a scheme of landscaping of the site shall be submitted to and approved in writing by the Local Planning Authority. This scheme shall include:

    1. the existing trees and shrubs which have been agreed to be retained;
    2. a specification for new planting (species, size, spacing and location);
    3. areas for hard surfacing and the materials to be used;
    4. other means of enclosure;
    5. a method and programme for its implementation and the means to provide for its future maintenance.

    No development shall take place unless these details have been approved and then only in accordance with those approved details.

    Reason: To safeguard trees and natural features which are important to the visual amenities of the area, in accordance with Policies DP1 and CP2 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

11. The development hereby permitted shall not be occupied until the arrangements for parking and turning have been implemented.

    These areas shall be kept available for their intended purposes at all times.

    Reason: To ensure adequate parking provision is made in the interest of highway safety and to comply with Policies DP1 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010) and Section 4 of the National Planning Policy Framework.

12. Prior to the commencement of development, ecological mitigation for the New Forest Special Protection Areas in the form of a planning obligation which secures financial contributions in accordance with the Authority's adopted Development Standards (SPD) and the Solent (SRMP) Explanatory Note shall be made to the local planning authority.

    Reason: To safeguard sites of international ecological importance in accordance with Policies CP1 and CP2 of the adopted New Forest National Park Core Strategy and Development Management Policies DPD, Development Standards SPD and the SRMP.

13. Unless otherwise agreed in writing by the National Park Authority, development shall only take place in accordance with the recommendations for ecological mitigation and enhancement which are set out in the ecological report hereby approved. The specified measures shall be implemented and retained at the site in perpetuity.

    Reason: To safeguard protected species in accordance with Policies DP1 and CP2 of the New Forest National Park Core Strategy and Development Management Policies (DPD) (December 2010).

14. No development shall be carried out until proposals for the mitigation or offsetting of the impact of phosphorus arising from the development on the River Avon Special Area of Conservation (SAC), including mechanisms to secure the timely implementation of the proposed approach, have been submitted to and approved in writing by the New Forest National Park Authority. Such proposals must:

    • Provide for mitigation in accordance with the Authority's Interim Mitigation Strategy (or any amendment to or replacement for this document in force at the time), or for mitigation to at least an equivalent effect;
    • Provide details of the manner in which the proposed mitigation is to be secured. Details to be submitted shall include arrangements for the ongoing monitoring of any such proposals which form part of the proposed mitigation measures.

    The development shall be carried out in accordance with and subject to the approved proposals.

    Reason: The impacts of the proposed development must be mitigated before any development is carried out in order to ensure that there will be no adverse impacts on the River Avon Special Area of Conservation (SAC), in accordance with the Authority's Interim Phosphorus Mitigation Strategy.

Notes to applicant:

1. Important notes, including the rights of appeal, are set out on a sheet attached to this notice and you are advised to read these carefully.
2. This decision does not purport or convey any approval or consent which may be required under the Building Regulations or any other Acts, including Byelaws, Orders or Regulations made under such Acts.

Date:

18 September 2018

a

Steve Avery

Executive Director (Strategy & Planning)

NOTES TO APPLICANTS / AGENTS

Fees for discharge of planning conditions

• The fee chargeable in relation to submissions for any consent, agreement or approval required by a planning condition is £116 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house. The fee is payable for each submission made regardless of the number of conditions you are seeking approval for.
• A fee is payable for conditions related to planning permissions and reserved matter applications only. A fee is not required for conditions attached to listed building consents and applications to demolish an unlisted building in a conservation area.
• You may wish to use the standard form to accompany your submission or set out your requests in writing clearly identifying the relevant planning application and condition(s) which you seek approval for.

Non Material Amendments

• Central Government has introduced a new application form for the submission of Non Material Amendments to approved plans. From 1 October 2009 all submissions must be on the correct application form. (Forms & guidance notes are available on the Authority’s website www.newforestnpa.gov.uk).
• The fee chargeable is £234 per request or £34 where the related permission was for extending or altering a dwelling house or other development in the curtilage of a dwelling house.

Appeals to the Secretary of State

• If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.
• If you want to appeal against your local planning authority’s decision then you must do so:
  • within 12 weeks of the date of this notice for minor commercial applications (typically only apply to an application to alter the shopfront of an A1, A2, A3, A4, or A5 property) otherwise;
  • within 6 months of the date of this notice for all other types of application.

  If the application relates to a matter that is the subject of an enforcement investigation the Authority’s Enforcement team will contact you again as different timescales are likely to be appropriate.

• Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN (Tel: 0303 444 5000) or online at https://www.gov.uk/planning-inspectorate.
• The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
• The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
• In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him.
• If an enforcement notice has been served in the previous 2 years you will have only 28 days in which to lodge the appeal following the refusal. Equally, if an enforcement notice is served after the refusal it will truncate the period for lodging the appeal against the refusal of planning permission to 28 days after the enforcement notice has been served.

Purchase Notices

• If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.
• In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common Council of the City of London) in whose area the land is situated. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.