Appeal 6005398

The appeal is allowed and planning permission is granted for the demolition of existing dwelling and barn, partial demolition and conversion of existing racing stables and erection of five dwellings with associated infrastructure and landscaping at [site address] , [site address] , Whitsbury [postcode] in accordance with the terms of the application, Ref 24/10939, subject to the conditions in the attached schedule.

A large part of the Council’s area is designated as nationally and internationally important habitat sites. These include the New Forest European Site (comprising of The New Forest Special Area of Conservation (SAC), Special Protection Area (SPA) and [name]) and the Solent and Southampton Water European Site (comprising of the Isle of [name], [name] and the Solent and [name] and Ramsar).

One of the reasons for refusal of the original application was that it failed to demonstrate it would not have an adverse effect upon the habitat sites. To address these matters, during the appeal the appellant submitted a signed and dated [name] (UU) to provide contributions for avoidance, mitigation and monitoring measures. The Council has stated that the provision of the UU addresses the third reason for refusal on the decision notice. I shall return to the matter of the habitat sites later in my decision. Consequently, the appeal is focussed on the main issues identified below.

The proposal would involve the demolition of an existing bungalow and barn within the existing stable complex, the conversion of part of the stables to a dwelling and the erection of four dwellings. There would be a total of five dwellings with a net gain of four. The proposal is advanced on the basis that the dwellings would be for workers of [address] Stud.

The site is located in the countryside where new residential development is restricted under Policy DM20 of the New Forest District Local Plan Part 2 (2014) (LP2) subject to a number of exceptions. One exception is for agricultural or forestry workers dwellings in accordance with Policy DM21 of LP2.

Accordingly, the main issues are: • Whether the principle of development is acceptable having regard to the local development plan policy on workers dwellings in the countryside, in particular: - whether the location of the dwellings would be capable of meeting the identified functional need and be well-related to existing farm buildings or other dwellings, - whether the functional need could be fulfilled by another existing dwelling on the unit or other existing accommodation in the area, which is suitable and available for occupation, and • The effect of the proposal on the Cranborne Chase National Landscape with particular regard to dark skies and landscaping.

The Council notes that an equine enterprise is not technically an agricultural or forestry activity as expressed in Policy DM21 of LP2. However, the Council recognises that the enterprise includes an element of agricultural use, as hay is produced for the animals. Moreover, the Council confirms that equestrian enterprises are routinely assessed against the same policy tests as those for agricultural or forestry workers. Having regard to this, I see no reason to come to a different view, and I am satisfied that Policy DM21 is appropriate in this case.

Under Policy DM21, new dwellings are permitted to support well-established agricultural enterprises where a series of criteria are all met. The first is that there is a clearly established, existing functional need.

[name] is a highly specialised enterprise breeding and raising high-performance racehorses. It manages approximately 150 broodmares, and over 600 mares a year are sent to the stud’s four stallions for mating. The stud’s activities encompass the care of the pregnant mares, the foaling process, and the nurturing of the youngstock. It relies on a highly skilled, specialised team that closely monitors and cares for the thoroughbred bloodstock day and night. While the business has been growing, the expansion of the broodmares means additional staff are required to maintain a staff to horse ratio of approximately 1:10 for the animals’ welfare. At the hearing, the Council confirmed that as this particular issue was not a reason for refusal on the decision notice, it accepted that a clearly established, existing functional need had been demonstrated. Based on what I heard and considering the Council’s position, I am satisfied there is a clearly established, existing functional need.

There is also no dispute between the parties that the need relates to full-time workers, and that the enterprise has been established for at least three years and is financially sound, in accordance with the second and third criteria of Policy DM21.

Another requirement of Policy DM21 is that the dwellings should be sited so as to meet the identified functional need and be well related to existing farm buildings or other dwellings. The proposed dwellings would be located within the small village of Whitsbury, adjacent to existing residential properties, and would therefore be well related to other dwellings.

Concern was raised by the Council and interested parties that the location of the dwellings would be over 1 kilometre away from the main stud yard. Workers are required to live in very close proximity to the operations of the stud to enable them to attend to the horses quickly, often needing to be called out at short notice. At the hearing the appellant explained that it would take approximately [address] to the main stud from the appeal site, which would satisfy the requirement for staff to respond quickly. This was a timeframe I experienced on my site visit. Furthermore, it was also explained that the specialised work at the stud takes place across several yards situated close to the proposed dwellings, as well as within the paddocks surrounding Whitsbury. A contextual map provided at the hearing demonstrated that the appeal site occupies a central position relative to the stud operations. Based on the above context, I am satisfied that the location of the dwellings would be capable of meeting the functional need.

The remaining criteria of Policy DM21 requires the applicant to demonstrate that the functional need could not be fulfilled by another existing dwelling on the unit, or by other existing accommodation in the area which is suitable and available for accommodation. Whitsbury is a very small village and the appellant has submitted evidence showing that property rental and purchase options within it are extremely limited. Due to the increased travel times from the nearest settlements outside of Whitsbury, properties in those locations would not be suitable to fulfil the functional need.

Notwithstanding the above, the appellant owns 34 properties in the village, 28 of which are occupied by stud staff. Of the remaining 6 properties, one is in a state of disrepair and is subject to reconstruction as part of this proposal. The other 5 are occupied by local people who undertake some work for the stud such as a tree surgeon and a builder. However, I am not persuaded that these roles, important as they are, are essential for the functional needs of the stud operation. Given that there are existing dwellings owned by the stud that could be used for workers to fulfil the functional need requirements, the proposal fails to accord with this criterion.

In conclusion, as the functional need could technically be fulfilled by existing dwellings owned by the stud, the proposal conflicts with Policy DM21 of LP2 and therefore the principle of development in this location would not be acceptable. As the proposal would not accord with Policy DM21 it would also conflict with Policy DM20 of LP2.

The appeal site is within the Cranborne Chase National Landscape (NL), which is also an International Dark Sky Reserve. The statutory duty under Section 85 of the Countryside and Rights of Way Act 2000, (as amended) (CRoW Act), requires me to seek to further the purpose of conserving and enhancing the natural beauty of the National Landscape, and I have taken this into account.

The National Planning Policy Framework (the Framework) describes National Landscapes as having the highest status of protection in relation to landscape and scenic beauty, and directs that great weight should be given to the conservation and enhancement of this.

The special qualities of the NL are derived, in part, from its diverse landscape of rolling chalk grasslands, chalk river valleys and ancient woodlands, as well as its highly rural character, which comprises widely scattered hamlets, villages and narrow roads, alongside dark night skies. The small village of Whitsbury, with its narrow through-road bound in part by tall hedgerows and mature trees, and surrounded by fields and paddocks, reflects the highly rural character of the NL.

The proposed dwellings would be set behind the retained frontage building along [site address] . This building would largely screen the new properties from views from [site address] , with the exception of glimpsed passing views through the existing archway. To the east, on the opposite side of the appeal site, land levels rise. A public footpath here allows views down towards the appeal site; however, due to the expanse of mature trees, views of the appeal site itself are very limited. To the west of the appeal site, land levels are also higher, but from there, in wider landscape views, the dwellings would appear set down. Given the surrounding topography and landscape features, the proposal would not appear unduly prominent within the NL and the rural landscape character would be retained.

After accounting for the removal of some of the existing stable rooflights, the proposal would introduce a net gain of 10 rooflights. I recognise that light spill from rooflights has the potential to disrupt dark skies.

In this scheme, the proposed rooflights would be small. Approximately 7 of them would face into the stable courtyard, largely screened by the retained frontage building. The landscape features previously described would also minimise the visibility of these rooflights within the wider landscape. Furthermore, the rooflights would primarily serve bathrooms and landing or hall areas, where lighting is typically used for more limited periods than, for example, in primary spaces such as living rooms or kitchens. By comparison, the existing stables contain approximately 33 large rooflights. Whilst the use of the stables is not the same as residential occupation, I heard at the hearing that lighting within the stables would have been on for periods during dusk and dawn. This would have inevitably created some upward light spill. Under the proposal, only 14 of these existing large rooflights would be retained, and the former stables would be for car storage. Overall, the development as a whole would result in a net reduction in the number of rooflights.

Considering the above, any harm arising from the new rooflights would be very limited and I am not persuaded that the proposal would undermine the dark skies of the NL. Moreover, a condition could be imposed requiring a mechanism, such as blinds to be installed on the rooflights to further reduce any limited harm. I see no reason why such a condition would not be enforceable.

Turning to landscaping, the Council raised concerns regarding the proposed planting of a woodland mix on the western side of the appeal site. In the absence of a landscape assessment, the Council’s concern was that little explanation had been put forward by the appellant as to how this planting would integrate with the wider landscape. Notwithstanding this, the Council did not identify any specific harm that would arise from the proposed landscaping.

Currently, the area where the planting is proposed is a bank comprising grass, trees and shrubs. This area would slope up and away from the rear gardens of the proposed properties to the higher land levels west of the appeal site. Given the topography and existing planting, I see no reason why the proposed landscaping would fail to integrate within this setting. A suitably worded condition could be imposed requiring further details of the proposed planting and wider landscaping to resolve any concerns the Council may have.

In support of its case, the Council has drawn my attention to a dismissed appeal (Ref: APP/G2245/W/23/3318975) where harm arising to dark skies within a National Landscape was part of the original reason for refusal. However, that scheme involved 10 dwellings with approximately 49 rooflights. I therefore do not find that case directly comparable to the appeal before me, and I afford it limited weight.

In conclusion, I am satisfied that the proposal, including landscaping, would not have an adverse effect on the NL and it would not undermine the area of intrinsically dark skies, conserving the NL’s landscape and scenic beauty. There would thus be no material conflict with Policy ENV4 of the New Forest District Local Plan Part 1: Planning Strategy (2020) (LP1). This policy, amongst other matters, requires development to retain and/or enhance areas of intrinsically dark skies through sensitive design and mitigation measures to ensure development successfully integrates into the local landscape. The proposal would also accord with Policy STR2 of LP1 which requires development to not have an unacceptable impact on the special qualities and purposes of the NL.

Both main parties agree that the Council only has a 1.53 year housing land supply. This represents a significant shortfall. The provisions of paragraph 11d) of the Framework are therefore relevant to the appeal.

[name] have found that the proposal would not have an adverse effect on the National Landscape, the application of policies in the Framework that protect areas or assets of particular importance do not provide a strong reason for refusing the development proposed. As such, paragraph 11d) ii of the Framework is engaged.

I shall return to this consideration in the planning balance.

Several letters of objection were submitted at both application and appeal stage. They raise various concerns in addition to those addressed above, including parking, loss of privacy, loss of trees, drainage concerns and loss of stables.

In respect of concerns regarding parking and vehicle overspill onto [site address] , I note that the local highway authority has raised no objection to the proposal. Limited substantive evidence has been submitted to demonstrate that there would be any significant impact in respect of highway safety. Each dwelling would be provided two parking spaces within the carports. Although this represents a shortfall of 0.5 spaces per dwelling below the Council’s recommended guidance, the courtyard area would allow sufficient room for visitor parking. Consequently, overspill parking on the highway would be unlikely. I have limited substantive evidence to suggest otherwise or to indicate that visitors would park on the main road.

Plot 5, a single-storey property arising from the conversion of the existing stable building, would be located adjacent to the shared boundary with Templemans and [address] Cottage. The boundary comprises a tall, wide Beech hedge which is located at the bottom of Templemans long rear garden.

Facing the hedge, plot 5 would feature several modest sized windows at ground floor level and a small higher-level window within an existing opening. This close relationship would limit light and outlook afforded to the future occupiers. However, most of the windows are for a corridor, which is a transitory space. The habitable rooms would all have secondary windows which face into the courtyard which would provide suitable light and outlook. Given the thickness of the hedge, even when not in leaf, and as Templemans and [address] Cottage have very long rear gardens, there would be no material adverse overlooking for the occupiers of those properties.

Concern has been raised that the proposal would result in the loss of the equestrian use of the site which forms part of the village’s agricultural ties and that the stables are not disused. However, [name] located north of the appeal site would still remain, as would the use of the surrounding land for the wider stud operations. Accordingly, I do not consider that the loss of these stables would unacceptably erode the working equestrian links that the village has.

A group of three trees marked as G001 on the Tree Constraints Plan, are proposed to be removed from the north-west part of the site. Nearby residents note that these trees assist in screening the site from their properties. The arboricultural report identifies the trees as having limited significance and low amenity value due to their position behind existing buildings and that they are only glimpsed from outside of the appeal site. I concur with this assessment. Moreover, replacement trees are proposed within the site. Given the topography and distance of the trees from the residential properties to the north, the removal of these trees would not have a material adverse effect on the living conditions of the occupiers of those properties.

A drainage strategy was submitted with the application. No concerns were raised by the Council regarding this. I see no reason to come to a different conclusion. However, I find it reasonable to ensure that the approved drainage strategy is implemented prior to first occupation, and a condition could be imposed regarding this. Furthermore, details pertaining to a package treatment plant are in response to phosphate mitigation. Details of such a scheme could be secured by condition.

Comments regarding the possible use of heat pumps or oil/gas storage tanks are noted. Whilst details have not been submitted, given the contained nature of the site, I am content that these could be accommodated within the site without causing any adverse effects to the character and appearance of the area. Moreover, the siting of these would also be subject to limits and conditions under permitted development.

Concern has been raised that the development could be used for holiday accommodation. However, a condition is proposed to tie the accommodation to the workers of the stud.

The appeal site lies within the zone of influence of the New Forest European Site and the Solent and Southampton Water European Site. These sites consist of a series of diverse and rare habitats, including dry heaths, [name] wet heaths and Molinia meadows. The qualifying features of these sites are detailed in Appendix 1.

Given the proximity of the appeal site to the habitat sites, occupiers of the proposed properties may visit them for recreational purposes. Increased visitation would be likely to cause disturbance to the qualifying features. Furthermore, increased vehicle trips through the New Forest could potentially increase acid deposition from nitrogen and ammonia in exhaust fumes, which would be harmful to New Forest habitats. The proposal would, in combination with other plans or projects, lead to likely significant effects on the integrity of the habitat sites.

In accordance with the Conservation of Species and Habitats Regulations 2017 (as amended) (the Habitats Regulations), as the competent authority, I am required to undertake an Appropriate Assessment (AA) of the development to determine the extent of the effects, and whether they could be avoided or whether mitigation measures could remove or reduce those effects.

The AA needs to consider the effect of the development on the integrity of the habitat sites and their qualifying features and species. A net gain of 4 dwellings is not likely to generate a significant number of trips and visitors to the habitat sites, and would have a limited adverse effect on their integrity. However, in combination with other residential development, the cumulative effects could be significant.

The appellant has agreed to make financial contributions towards New Forest air quality monitoring and mitigation measures, as set out in the Mitigation for Recreational Impacts Supplementary Planning Document (SPD). The measures within the SPD seek to mitigate any likely significant effects from recreational disturbance arising from development. These measures include access and visitor management, the enhancement of existing green spaces, recreational walking routes, the provision of new areas of alternative green spaces and the provision of rangers. The SPD seeks financial contributions toward provision of that mitigation from development.

The appellant has submitted a signed and dated UU which would secure a financial contribution towards the mitigation projects in line with the SPD and New Forest air quality monitoring.

The Habitats Regulations require that consultation is made with the appropriate nature conservation body, in this case Natural England (NE). I have consulted NE which has confirmed that if the proposed mitigation is secured then that would be sufficient to avoid impacts on the European sites.

Considering the above, I conclude that mitigation provided in the form of financial contributions secured through the UU would overcome any likely significant effects of the development on the integrity of the habitat sites. The obligations within the UU are necessary to make the proposal acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. As such, they comply with Regulation 122 of the Community Infrastructure Levy Regulations 2010 and I will take them into account in coming to my decision.

The site is within the zone of influence of the [name]. The qualifying features are set out in Appendix 1. Its water quality is currently in an unfavourable condition due to high levels of nutrients, in particular phosphates, where any addition is deemed to have an adverse impact on its integrity. This is because nutrient enrichment causes excessive growth of plants and algae, reducing oxygen levels in the water making it more difficult for aquatic insects and fish to survive.

A nutrient phosphate calculation was submitted as part of the original application, demonstrating that the proposed dwellings would generate 1.33kg of phosphorus per year. As such, the metric demonstrates that offsetting would be required to achieve neutrality. Therefore, the parties agree that without offsetting, the proposal could result in likely significant effects on the on the integrity of the [name].

As the competent authority, I therefore need to carry out an AA. In order to mitigate the effects of the development, it is necessary to demonstrate that the development would result in nutrient neutrality.

The appellant has submitted details to demonstrate that upgrading the existing septic tank to a new package treatment plant, which the new development would feed into, would achieve a better than neutral net nutrient budget.

The Council has advised that nutrient neutrality can be achieved through a Grampian condition to secure the mitigation as outlined by the appellant prior to the commencement of development, and to implement it prior to occupation. NE has been consulted on the mitigation and the suggested condition and raises no objection.

I am satisfied that following appropriate assessment, subject to the condition being imposed, the proposal would not result in likely significant effects on the integrity of the [name].

A Bat Report was submitted which identified that the barn supports day roosts for common pipistrelles, soprano pipistrelles and brown long-eared bats and the building fronting [site address] supports day roosts for common pipistrelles. As these buildings are either to be renovated or demolished, the proposal would adversely affect a [name] (EPS). A licence from Natural England would be required, as development that has the potential to disturb bats cannot commence until a license has been granted. Such a license can only be issued following the grant of planning permission.

The judgment in Morge v Hampshire County Council [2011] UKSC2 established that planning permission should ordinarily be granted, save only in cases where a proposed development would either be likely to offend Article 12(1) or unlikely to be licensed pursuant to the derogation powers. The duty to have regard to the requirements of the Directive, as set out in Regulation 9(1), remains, but the judgment established that there is no need to carry out a detailed assessment as to whether there would be a breach of Article 12(1) or whether derogation from that article would be permitted

Nevertheless, I am still required to consider whether or not the proposed development is likely to be licensed and to ensure that any potential harm to an EPS would be adequately mitigated.

In this respect, I consider there to be a reasonable prospect of a license being issued because: (a) the proposal would contribute to the housing stock generally in an area where there is an agreed shortfall, which is in the public interest; (b) given the nature of the proposal, there is no satisfactory alternative; and (c) Sections 5.4 and 5.5 of the [name] details mitigation measures. The mitigation measures during construction would reduce the risk to bats, and replacement roosting sites would be provided post-construction. I am satisfied that these measures can be secured through the use of an appropriately worded planning condition and would ensure that the bat species would be maintained at a favourable conservation status.

The appeal site is located within the Whitsbury Conservation Area (CA). Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires me to pay special attention to the desirability of preserving or enhancing the character or appearance of the CA.

Whitsbury is a small linear village with [site address] running through it. The road is relatively narrow, bound by tall hedges and low walls and which gradually winds its way towards [name], a multivallate hill fort, now overgrown with woodland. Aside from some small pockets of modern residential development, the core of the village comprises several thatched timber framed cottages, agricultural buildings with corrugated roofs and many older properties constructed in traditional materials such as red brick and flint. To the east of the village the land rises and a footpath connects the village to [name] and the fields beyond. The significance of the CA as a whole is derived, in part, from the historical evolution of the village, with its ties to the surrounding agricultural land and from the historic traditional dwellings and use of traditional materials, several of which are [name] listed.

The appeal site currently hosts stables and has evolved over time, originally the site of [address], the stables were erected in the 1960s around a central courtyard with a gated archway entrance off [site address] . The site also encompasses a large barn and a small bungalow. The existing stables make a neutral contribution to the character and appearance of the CA.

The proposal would result in the demolition of the existing barn, bungalow and part of the stables to erect four new dwellings. The remaining stables which front [site address] would be converted to a dwelling and garages. The proposal would represent a further evolution of the site.

The new dwellings would take on the appearance of traditional buildings seen elsewhere in the village through the use of an appropriate palette of materials, including shiplap cladding. They would be loosely arranged to echo the courtyard layout of the existing stables and would be set back behind the retained frontage building and archway. As these structures form the dominant view from [site address] , with only glimpsed views through the archway entrance, the streetscene would remain largely unaltered. Furthermore, while the rooflines of the new dwellings would be slightly taller than the ridge of the frontage building, this would not be readily perceptible from the street due to the close proximity of the existing stables to the road.

Given the above, I find that the proposal would respond positively to its setting and would preserve the character of the CA and would not harm the significance of the designated heritage asset.

A number of [name] listed buildings are located in close proximity to the appeal site. Section 66 (1) of The Planning (Listed Buildings and Conservation Areas) Act 1990 requires me to have special regard to the desirability of preserving the buildings or their setting.

The listed buildings include [address] (1351007) and a cluster of listed buildings to the south of the appeal site: Post office cottage (1172696), Minors cottage (1351008), Carpenters (1094822), Herrington cottage (1172713) and [name] (1296558). The significance of [address] is derived primarily from its historical interest as a late 18th/early 19th century former Rectory set within a small park and architecturally with large 12 pane sash windows set in recessed arches. The significance of Post office cottage is derived from its historic and architectural interest as a traditional 18th century timber framed thatch roof cottage with red brick infill. Minors cottage also derives its significance for its historic and architectural interest as an 18th century brick cottage with half hipped roof and dominant roof stack. Carpenters derives its significance for similar reasons as an example of a traditional red brick rural dwelling. Herrington cottage derives its significance from its historic and architectural interest as an example of an 18th century thatch roof cottage that is partially rendered. The significance of the brick barn is derived from its historic and architectural interest as an example of an 18th century red brick barn with a metal corrugated roof and attached timber frame weatherboarded granary. They also derive their significance as examples of the historic rural development of Whitsbury.

Existing mature vegetation and intervening built form, particularly [address], would limit any intervisibility between these designated heritage assets and the appeal proposal. Any possible views from the assets would be primarily towards the southern end of the appeal site towards the proposed cat-slide roof, the design of which provides a gradual transition to the ridgeline of the 1.5 and 2 storey built form.

[address] occupies an elevated position to the north-east of the appeal site. Following pre-application advice, the design of the scheme was amended by reducing the number of dwellings, retaining the courtyard layout, which has been a constant feature of the site as evidenced by historic mapping, and stepping the ridgelines to reflect the topography of the site. The revised scheme also utilises sympathetic materials that reflect both the traditional materials of dwellings in the village and those used in the existing stable buildings.

With the use of traditional materials, courtyard arrangement, stepped roofline reflecting the topography, alongside the retention of the stable building fronting [site address] , I am satisfied the proposal would preserve the significance of the listing buildings and would not adversely affect the setting of these designated

It has not been advanced that the appeal site forms part of the setting of the hill fort. Given the distance and lack of intervisibility between the appeal site and the hill fort, the proposal would not affect its setting.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

[name] have already set out in the ‘Other consideration’ section, paragraph 11d) ii of the Framework is engaged.

The adverse impact of granting planning permission has been found to be the conflict with Policy DM20 and DM21 of LP2, relating to the principle of development. This arises because other properties within the appellants ownership could technically be used to house the stud workers. However, the existing longstanding occupiers of those properties would need to find alternative accommodation. Due to the Council’s very significant shortfall in housing land supply, the weight I afford to the conflict arising from the proposal with the policies is reduced. I therefore only give modest weight to the policy conflict.

No harm has been identified to the CA, NL, highways, trees or the living conditions of neighbouring and future occupiers. However, an absence of harm is a neutral consideration in the planning balance.

There are a number of benefits arising from the scheme. The proposal would make efficient use of a brownfield site which the Framework encourages, in a location well related to the existing village. Additionally, it would deliver a biodiversity net gain in excess of 10%. The proposal would also support the expansion of the stud operations, an important local business employing many local people and supporting the local rural economy, something that the Framework supports.

The proposal would provide a net gain of 4 dwellings which would contribute towards the local housing stock. The Framework recognises that small sites can be built out quickly and can make an important contribution to meeting the housing requirement of an area. Future occupiers would be able to support existing services in the village. Although, the dwellings would be restricted to equine workers, the Framework does not preclude such housing from contributing to the housing land supply. Nevertheless, the occupancy restriction does temper the weight I give to this particular benefit and so I afford this moderate weight. Cumulatively, I afford the totality of benefits significant weight.

When assessed against the policies in the Framework taken as a whole and having particular regard to the key policies in the Framework referred to in footnote 9 insofar as they are relevant to this proposal, the adverse impacts of granting planning permission would not significantly and demonstrably outweigh the benefits. The proposal therefore benefits from the presumption in favour of sustainable development. This amounts to a material consideration of sufficient weight to indicate the decision should be made other than in accordance with the development plan. The appeal is therefore allowed.

I have considered the conditions suggested by the Council having regard to the tests in the Framework and the advice in the Planning Practice Guidance (“the PPG”). Where necessary I have made changes to the wording or ordering of conditions in the interests of precision and clarity.

The appellant has agreed to the pre-commencement conditions set out in the conditions schedule below. The circumstances and nature of this proposal mean that these are appropriate and are necessary to make the development acceptable in planning terms.

In addition to the standard time limit condition (1), a condition requiring the development to be carried out in accordance with approved plans and documents is needed for the avoidance of doubt and for certainty (2).

A pre-commencement condition to secure appropriate mitigation from the impact of phosphorous arising from the development is necessary to avoid adverse effects on European sites. (3)

A pre-commencement condition relating to ecological enhancement measures is necessary in the interests of biodiversity. (4)

The Council suggested a pre-commencement condition relating to bats, preventing development until a bat license had been submitted. However, I consider that a pre-commencement condition is unnecessary as under the licensing regime it is an offence to undertake works which may affect them. I have amended the condition requiring that the development is undertaken in accordance with the mitigation measures outlined in the [name] (September 2024). This is necessary to ensure the species are protected during and after construction. (5)

The evidence indicates that the appeal site lies within an area of high archaeological potential. Accordingly, it is reasonable and necessary to impose a pre-commencement condition for a scheme of archaeological investigation. (6)

Given the relationship of the proposed dwellings with [name], a pre-commencement condition is necessary requiring finished slab and garden levels. (7)

A pre-commencement condition requiring a tree-planting schedule and tree plan was suggested by the Council. For conciseness, I have incorporated this condition with the suggested landscaping condition requiring details of hard and soft landscaping prior to commencement. This condition is necessary to safeguard and enhance the character and appearance of the area and to ensure no conflict between proposed trees and hard surfaces. (8)

Conditions seeking a structural report, details and samples of the proposed materials, including external joinery, are necessary in the interests of maintaining the character and appearance of the area, as is a condition requiring rainwater goods to be metal and painted black and that any work of making good matches the existing stables. (9) (10) (11) (12) (16)

To protect the visual amenity of the area and to reduce any adverse effects on the National Landscape and CA, conditions requiring further details of the rooflights are necessary. For the same reasons, a condition preventing external lighting unless otherwise agreed is required. (13) (14) (15)

Notwithstanding the drainage strategy submitted with the application, I find it necessary and reasonable to include a condition requiring the approved drainage to be installed prior to occupation to ensure adequate drainage of the site. (17)

In the interests of highway safety, a condition requiring the approved parking to be provided prior to first occupation is reasonable. (18)

To ensure no adverse effects on existing trees during construction, a condition is necessary to ensure they are protected. (19)

Paragraph 55 of the Framework states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so. Given the location of the properties within the dark sky reserve, CA, and their proposed relationship with the remaining stable building, I consider there is a clear justification for a condition to remove permitted development rights for extensions or alterations to the dwellings approved under [name], B or C of Part 1 Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (GPDO), erection of garage or other outbuilding under Class E, Part 1, Schedule 2 of the GPDO or means of enclosure under Class A, Part 2, Schedule 2 of the GPDO. (20)

The scheme has been considered on the basis that the dwellings are required for workers of the stud farm for which there is a functional need. It is therefore reasonable and necessary to impose a condition restricting the occupancy of the dwellings to equestrian workers. (21)

For the above reasons, having had regard to the development plan as a whole and all other relevant material considerations, I conclude that the appeal is allowed subject to conditions.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following drawings and documents: P-01, P-02, P-03, P-04, B-8, P-05, P-07 [name], P-08 [name], P-09 [name], P-10, P-11 [name], P-12, 9000 Rev.P01 - drainage strategy, RNapc/496/TCP/1 - tree constraints plan, RNapc/496/TPP/1 - tree protection plan, Air Quality Statement, Arboricultural Impact Assessment, [name] and tree protection 496/AIA/AMS1 5 July 2024, BNG Assessment and Metric, Tree Report, [name] 2024.

The development shall not be commenced 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 local planning authority. Such proposals must: (a) Provide for mitigation in accordance with the Council's Phosphorus Mitigation Strategy (or any amendment to or replacement for this document in force at the time), or for other mitigation which achieves a phosphorous neutral impact from the development.; (b) 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 scheme for phosphate mitigation shall be carried out prior to first occupation of the development in accordance with and subject to the approved proposals.

Prior to the commencement of development hereby approved, the NFDC Ecological Enhancement Schedule (available at: Ecological Enhancement Schedule – New Forest District Council) and accompanying appropriately detailed plan(s) showing the locations of the mitigation and enhancement measures, shall be submitted to the local planning authority for written approval. Prior to occupation, evidence shall be submitted to the local planning authority to confirm the agreed features have been installed as agreed, for example photographic records and/or a signed statement by a suitably qualified ecologist. The measures shall be maintained thereafter.

The development shall be implemented in accordance with the agreed mitigation and compensation measures for bat roosts as detailed within Sections 5.4 to 5.5 and [name] of the [name] ([name], September 2024), including the requirement for an application for a [name] (EPS) licence.

No demolition/development shall commence until a programme of archaeological work has been secured, including a [name] of Investigation submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions as well as:

The programme and methodology of site investigation and recording.

The programme for post investigation assessment.

Provision to be made for analysis of the site investigation and recording.

Provision to be made for publication and dissemination of the analysis and records of the site investigation.

Provision to be made for archive deposition of the analysis and records of the site investigation.

Nomination of a competent person or persons/organisation to undertake the works set out within the [name] of Investigation. No demolition/development shall take place other than in accordance with the approved [name] of Investigation. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the [name] of Investigation, and provisions for analysis, publication, dissemination of results and archive deposition have been secured.

Prior to the commencement of development hereby approved, the proposed slab levels and garden levels in relationship to the existing ground levels and ground floor of [name] set to an agreed datum shall be submitted to and approved in writing by the local planning authority. Development shall only take place in accordance with those details which have been approved.

Prior to commencement of development a scheme of landscaping of the site shall be submitted for approval in writing by the Local Planning Authority. This scheme shall include : (a) the existing trees and shrubs which have been agreed to be retained; (b) a specification for new planting (species, size, spacing and location); (c) a tree planting schedule and tree plan specific for tree planting (including tree species, size, spacing, form, planting method and location) in accordance with BS 8545:2014 (d) areas for hard surfacing and the materials to be used; (e) other means of enclosure; (f) a method and programme for its implementation and the means to provide for its future maintenance. Once approved the scheme for landscaping shall be carried out in accordance with those details.

No development above ground level shall take place until details or samples of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details / samples.

All new external joinery, including windows and doors, shall be of timber construction only and shall not include visible trickle vents. Details of their slim design, specification, method of opening, method of fixing and finish, in the form of drawings and sections of no less than 1:20 scale, shall be submitted to and agreed in writing by the local planning authority before the windows and doors hereby approved are installed. Development shall only take place in accordance with those details which have been approved.

All rainwater goods shall be metal and painted black; guttering shall be half round in profile unless alternative details are previously submitted to for approval in writing by the local planning authority.

All new works and works of making good, unless specified on the approved plans, should be finished to match the adjacent work on the existing stables with regard to the methods used and to material, colour, texture and profile.

Before the rooflights hereby approved are installed, a detailed specification of the new rooflights shall be submitted to and agreed in writing with the Local Planning Authority. The works shall only be carried out in accordance with the approved details prior to the occupation of the dwellings.

The rooflights hereby approved shall be fitted with a mechanism to reduce the emission of light, such as automatic blackout blinds in accordance with details that have first been submitted to and agreed in writing by the Local Planning Authority. The rooflights shall be installed in accordance with the approved details prior to the occupation of the dwellings.

No external lighting shall be erected at the site unless in accordance with details that have first been submitted to and agreed in writing by the Local Planning Authority.

No structural works to the existing buildings shall be undertaken until a comprehensive and up-to-date structural report including working drawings has been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the agreed details.

Prior to first occupation, the drainage details provided on drawing 9000 revision P01 and dated 13 September 2024 shall be implemented in full and permanently maintained.

The development hereby permitted shall not be occupied until the spaces shown on plan P-07 Rev.A for the parking and garaging of motor vehicles have been provided. The spaces shown on plan P-07 Rev.A for the parking and garaging of motor vehicles shall be retained and kept available for the parking and garaging of motor vehicles for the dwellings hereby approved at all times.

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 Impact Assessment, [name] (Reference 496/AIA/AMS1 dated 5th July 2024) and Tree Protection Plan (Drawing number RNapc/496/TPP/1).

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any re-enactment of that Order) no extension (or alterations) otherwise approved by [name], B 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, or 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.

The occupation of the dwellings shall be limited to a person solely or mainly working, or last working, in the locality in the equestrian industry, or a widow or widower or surviving civil partner of such a person, and to any resident dependants. ** End of Conditions ** [name]: [name]: [name], Chapman Lily Planning. [name]: Chairman, [address] & Stud [name]: Director, [address] & Stud [name]: Director of The Thoroughbred Breeders Association, Newmarket FOR THE LOCAL PLANNING AUTHORITY: [name]: Senior Development Management Officer Stephen Tonkin: Cranborne Chase National Landscape Dark [name] to the International Dark Sky Reserve. [name]: [name] 1 Site Qualifying Features New Forest [name] mires and quaking bogs, Depressions on peat substrates of the Rhynchosporion, Oligotrophic waters, [name] wet heaths with Erica tetralix, European dry heaths, Molinia meadows on calcareous, peaty or clayey-silt-laden, Alkaline fens, beech forests, Old acidophilous oak woods with Quercus robur on sandy plains New Forest SPA European honey-buzzard, Hen harrier , Eurasian hobby, European nightjar, Woodlark, Dartford warbler and Wood warbler New Forest Ramsar Valley mires and wet heaths, Isle of [name], SPA and [name], Spartina swards, Atlantic salt meadows, Desmoulin`s whorl snail , Mudflats and sandflats not covered by seawater at low tide, [name], Coastal lagoons, Salicornia and other annuals colonising mud and sand Solent and Dark-bellied brent goose, Eurasian teal , Black-tailed godwit, [name] assemblage, Mediterranean gull , Sandwich tern, [name] and Ramsar tern, Common tern, Little tern and Ringed plover [name] snail, Sea lamprey, Brook lamprey, [name] and Bullhead