Appeal 6006170

The appeal is allowed and planning permission is granted for erection of dwelling combined with partial change of use from agricultural to residential land, with landscaping scheme, at [site address] , [site address] , Hampshire [postcode] in accordance with the terms of the application, Ref 25/02348/FULLS, subject to the conditions in the attached Schedule.

I have used the site address and the description of the proposal as set out in the Council's decision notice, which are more accurate and concise than those used in the application form. The appellants have used these in the appeal form and so I am satisfied that no party would be prejudiced as a result.

A planning obligation [name] (UU) dated 28 April 2026 has been submitted by the appellants. Amongst other things, this makes provision for the dwelling as a unit of self-build and custom housebuilding (SBCH) accommodation, and a mitigation payment towards the New Forest Special Protection Area. It includes measures controlling nitrates over land safeguarded for mitigation within the site, and the implementation of a Management Plan in respect of this land. The Council has commented on the UU, and I shall consider these matters below.

The main issue is whether the proposal would accord with the Council’s spatial strategy for development in the countryside, having regard to access to services and facilities.

The site consists of a field currently used for equestrian purposes and surrounded on three sides by mature trees and thick vegetation. It is accessed directly from [site address] , part of the A27. Although there is sporadic development nearby, such as at [address], the site itself consists of undeveloped countryside.

The proposal seeks to erect a single dwelling. It would have a contemporary design with an unusual undulating roof form, intended to reflect the woodland setting. The proposal includes high-quality landscaping within the site, as well as a long new driveway from the site access.

Policy COM2 of the Test Valley Borough Local Plan (TVLP), adopted January 2016, provides the spatial strategy for the area. It seeks to focus new development on settlements identified in its hierarchy, other than for specific types, or where a countryside location is essential. The supporting text to the policy makes clear that its aim is to create and maintain sustainable places, and that development away from defined settlements would be unlikely to have access to a range of facilities. The appeal site is outside of any defined settlement, and is not of a type identified as being appropriate in the countryside. Nor is a countryside location essential for the development, as a single market dwelling.

The proposal would include two dedicated office spaces for working from home, potentially reducing daily commuting journeys. There are some facilities in [site address] , such as a village hall, pub and church. There are bus stops not far from the site, albeit served by only a limited service. No objection has been raised by the Highway Authority, and the proposal could include electric vehicle charging points and cycle parking.

However, access on foot or by bike to and from the facilities in [site address] , and to the bus stops, would require travelling along and crossing the A27. This is a busy, single-carriageway road which has no pavement or streetlighting hereabouts. As a result, access to and from the site by foot or bicycle would be difficult, especially in inclement weather, or for those with limited mobility.

Opportunities to maximise sustainable transport solutions will vary between urban and rural locations. Even so, for the reasons given, occupiers of the proposal would be heavily reliant on private vehicles for day-to-day services. The same is true of visitors and deliveries to the property. Such reliance would ultimately cause environmental harm, failing to contribute to a cumulative reduction in harmful greenhouse gas emissions or to an improvement in air quality and public health.

For the reasons given above, the proposal would not accord with the Council’s spatial strategy for development in the countryside, having regard to access to services and facilities. Consequently, it would conflict with TVLP policy COM2.

The Council accepts that it cannot currently demonstrate an adequate supply of housing land. It has a shortfall that is significantly below five years, with around 2.54 years of supply. As such, paragraph 11 of the National Planning Policy Framework (the Framework) requires that I determine whether the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits inherent in providing an additional a residential unit to assist in addressing the undersupply. As a result, the planning policy position has changed since a previous appeal decision1 relating to a similar proposal at the site. 1 APP/C1760/W/24/3340580

I have found conflict with TVLP policy COM2. Key policies referred to by Framework paragraph 11(d)(ii) seek to direct development to sustainable locations, and so policy COM2 is consistent with the Framework in this respect. I therefore give this conflict and harm significant negative weight.

Against that, the dwelling has been designed to high environmental standards, including from construction to end-of-life. These include passive solar gains, rainwater harvesting, high energy-efficiency ratings and freestanding photovoltaic panels. It is common ground between the appellants and the Council that the dwelling would reflect local design policies, such as the [site address] Village Design Statement. The Council does not dispute that the proposal would have an outstanding design quality which would promote a high level of sustainability, raising design standards in the area. Accordingly, I give this benefit additional significant positive weight, as required by Framework paragraph 139.

The proposal would make a small but positive contribution to the supply of housing in the area, by the addition of a further dwelling. It would provide SBCH, for which there is an undisputed shortfall, and SBCH status would be secured by the UU. I give this benefit moderate positive weight.

Construction of the proposal would provide economic benefits to the local area, such as the suppliers of materials. Future occupiers may well contribute socially and economically to the area. I give additional limited positive weight to these benefits. The proposal would exceed the minimum mandatory [name] requirements. This benefit attracts further limited positive weight. It follows that the combined benefits of the development would clearly outweigh the identified harm and conflict.

The proposal lies within an area where it could affect designated sites in the Solent, in particular the Solent and Southampton Water Special Protection Area (SPA) and Ramsar Site, the Solent and [name] and the Solent Maritime Special Area of Conservation (SAC). The qualifying features of the [name], SAC and Ramsar site include significant populations of breeding terns, and Desmoulin’s whorl snail.

The development would introduce new population and therefore wastewater to the site. Without mitigation, additional wastewater generated by the occupiers of the dwelling are likely to cause a cumulative increase in nutrient deposition, leading to eutrophication and a deterioration in water quality, thus harming conservation interests.

The proposal also lies within an area where it could affect the New Forest SPA. Its qualifying features are species of bird including nightjar, Dartford warbler, woodlark, hen harrier, honey buzzard, wood warbler and hobby. Without mitigation, recreational activity from the additional population resulting from the development, for example from trampling and dog walking, would cause additional disturbance to the birds.

In addition, the proposal is within the zone of influence of the [name]. The qualifying features of this SPA are [name] bats. Development which uses agriculturally unimproved grassland may harm the food availability for foraging bats. Without mitigation, lighting and noise associated with the proposal could also affect the bats.

The SPAs, SACs and Ramsar site are protected pursuant to the Conservation of Habitats and Species Regulations 2017 as amended (the Habitats Regulations). The conservation objectives of all of the designated sites include maintaining or restoring the extent, distribution, structure, population and function of the qualifying species and their habitats.

For the reasons given above, alone and in combination with other development, a likely significant effect to the SPAs, SACs and Ramsar Site resulting from the proposal cannot be ruled out. Consequently, in accordance with the Habitats Regulations, and as competent authority in the context of this appeal, I must undertake an Appropriate Assessment.

In respect of the [name], SAC and Ramsar Site, a nutrient budget calculation demonstrates that nutrient neutrality would be achieved through connection of the proposed dwelling to an onsite package treatment plant. Furthermore, the application site would be removed from its current use, and an undertaking has been made not to use [name] within the site for agriculture, grazing or fertiliser. It would instead be managed as woodland and grassland. These measures would be secured by the UU.

For the New Forest SPA, mitigation is proposed in the form of contributions to [name] and Monitoring (SAMM) and strategic Suitable Alternative Natural Greenspace (SANG). The Council has confirmed that SANG provision has been made by the purchase of a site at Woodington in Wellow, within the Borough, which is now being used for nutrient mitigation and SANG. SANG and SAMM provision would meet the conservation objective by reducing recreational pressure. The UU secures an adequate financial contribution towards these mitigation measures.

In respect of the [name], the proposal would not result in the loss of unimproved grassland and would involve enhancement of the grassland to be retained. Noise during construction is likely to occur only during daytime periods, and would be temporary, whereas the commuting and foraging of bats is nocturnal. Such noise could be controlled by condition through a Construction Environmental Management Plan. Domestic occupation of the proposal would have few if any effects on the acoustic environment of areas used by bats for movement or foraging. The effects of lighting during occupation could be controlled by condition, to maintain dark woodland edges and avoid illuminating commuting or foraging features.

The Council has confirmed that its second and third reasons for refusal have been overcome. Natural England does not object to the development, subject to certain details which have been confirmed. In undertaking the Appropriate Assessment, the information before me indicates that the mitigation identified would reduce the impact of the proposal on the integrity of the SACs, SPAs and Ramsar Site to a de minimis level. As such, it would accord with the Habitats Regulations. Accordingly, this matter is neutral in the planning balance.

The proposal would have an unusual contemporary design. However, it would be set well back into the site. Other than the driveway and access, much of the site would be screened from public viewpoints by mature vegetation. Given these factors, the development would not harm the character and appearance of the area.

The Council has provided a list of conditions, which I have assessed and where necessary amended, having regard to the advice in the Planning Practice Guidance. A condition requiring adherence to the approved plans is necessary for certainty.

Legislation already requires that development may not begin unless a Biodiversity Gain Plan has been submitted to and approved by the Local Planning Authority, to secure the mandatory minimum net gain of 10%. That said, an additional condition is necessary to secure the additional biodiversity net gains flowing from the proposal. In the interests of biodiversity and the character and appearance of the area, details of a Construction Environmental Management Plan and of an [name] are necessary. The above conditions must require details before the commencement of development, because this may affect matters of acknowledged importance, and how works take place at an early stage.

Details of external materials, hard and soft landscaping works, and landscaping implementation and retention, are necessary in the interests of the character and appearance of the area. A condition in respect of lighting is needed for the reasons set out above. To ensure the safety of road users, manoeuvring space within the site and the identified visibility splays will need to be provided before the dwelling is occupied. To limit the use of water and to encourage the use of more sustainable modes of transport, conditions in respect of water consumption and cycle and electric vehicle charging provision are necessary. To protect human health, controls over unexpected finds of contamination are required.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that applications for planning permission, and therefore appeals, must be determined in accordance with the Development Plan, unless material considerations indicate otherwise.

The proposal benefits from the presumption of sustainable development as outlined in Paragraph 11 of the Framework. I have found that the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken in the round. It follows that despite the conflict with the Development Plan, material considerations indicate that planning permission should be granted. For the above reasons, having regard to the Development Plan as a whole, the approach in the Framework, and all other material considerations, the appeal should be allowed.

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 drawing numbers 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6, 4.2.7, 4.2.12, 4.2.16, 4.2.18, 4.2.20, 4.2.22, 4.3.4 and 4.3.5 within the document ‘Architectural and [name].

No development shall take place (including any demolition, ground works, or site clearance) until a [name] for biodiversity mitigations and enhancements has been submitted to and approved in writing by the Local Planning Authority. The Method Statement shall include detailed designs and working methods, the extent and location of proposed works, a timetable for implementation, the people responsible for implementing the works, the disposal of any wastes arising, any exclusion fences and precautionary measures for reptiles, [name], nesting birds, dormice, badgers and bats. The works shall be carried out strictly in accordance with the [name] and shall be retained in that manner thereafter.

No development shall take place (including demolition, ground works, or vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include a risk assessment of potentially damaging construction activities, identification of biodiversity protection zones, measures to avoid or reduce construction impacts including noise, the location and timing of sensitive works, the periods when ecologist oversight of works on site is necessary, responsible people and contact details, and the use of protective fences, barriers and signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

No development shall commence until an [name] (AMS) has been submitted to and approved in writing by the Local Planning Authority. The AMS shall include details of trees to be retained within 15 metres of the proposal, and their root protection areas, and details of trees to be felled or subject to works. It shall include a specification for tree protective fencing and its location and signage, and for its erection and removal. The AMS shall demonstrate that all proposed structures, all excavations, trenches and runs, and all site works, compounds and contractor parking areas, will be installed outside the tree protection zones, and will not affect the retained trees. All work shall be undertaken in accordance with the requirements, specifications and timing detailed within the approved AMS. The approved tree protective measures installed shall be maintained and retained for the full duration of the works. No activities, nor material storage, nor placement of site huts or other equipment shall take place within area defined by the barriers.

No development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the development 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.

No development shall take place above damp-proof-course level of the development hereby permitted until full details of hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. Details shall include proposed finished levels or contours, means of enclosure, car parking layouts, vehicle and pedestrian access and circulation areas; hard surfacing materials; proposed and existing functional services above and below ground, any retained historic landscape features and proposals for restoration, planting plans; written specifications and schedules of plants including species, sizes and densities. The landscape works shall be carried out in accordance with the approved details.

No development shall take place above the damp-proof-course level of the development hereby permitted until a schedule of landscape implementation and maintenance for a minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for the phasing of the implementation and ongoing maintenance during that period in accordance with appropriate [name] or other recognised codes of practice. Development shall be carried out in accordance with the approved schedule. Any trees or planting that are removed, die or become seriously damaged or defective within this period, shall be replaced before the failure, removal or damage of the planting.

The development hereby approved shall not be occupied until details of external and internal lighting have been submitted to and approved in writing by the Local Planning Authority. The details shall demonstrate that lighting will not cause excessive light pollution, or disturb or prevent bats using key corridors, foraging habitat features, or accessing roost sites during both the construction and operational phase. All external and internal lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details. No other lighting shall be installed.

The development hereby approved shall not be occupied until the vehicle manoeuvring space has been provided within the site in accordance with the approved plans, to enable vehicles to enter and leave in a forward gear. This area shall be retained and made available for these purposes at all times.

The development hereby approved shall not be occupied until the visibility splays identified on plan 4.3.5 within the Architectural and [name] document have been provided. The splays shall be free of any obstruction exceeding 0.6m in height, and shall be retained as such thereafter.

The development hereby permitted shall not be occupied until a scheme meeting the Building Regulations optional requirement of a water consumption rate of no more than 110 litres per person per day has been installed.

The development hereby approved shall not be occupied until details of the provision for cycles and electric vehicle charging have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details, and the provision shall be retained and maintained for the lifetime of the development.

Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended until a risk assessment has been carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found, the development shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. if requested, a verification report, for the purpose of certifying adherence to the approved remediation scheme, shall be submitted to the Local Planning Authority prior to the site being occupied. End of Conditions