Report Item 6 – 26/00447/FULL – Foxlease Cottages, Clay Hill, Lyndhurst SO43 7DE

1. REASON FOR COMMITTEE CONSIDERATION

The application is submitted by the Authority; contrary to Parish Council view.

2. POLICIES

Development Plan Designations

• SPA
• SAC
• SSSI
• Ramsar

Principal Development Plan Policies

• Policy SP1 Supporting sustainable development
• Policy DP2 General development principles
• Policy SP42 Business and employment development
• Policy DP49 Re-use of buildings outside the defined villages
• Policy DP2 General development principles
• Policy SP5 Nature conservation sites of international importance
• Policy SP6 The natural environment
• Policy SP7 Landscape character
• Policy SP15 Tranquillity
• Policy SP16 The historic and built environment
• Policy SP17 Local Distinctiveness
• Policy DP18 Design Principles

Supplementary Planning Documents

Design Guide (2022)

National Planning Policy Framework (2024) (NPPF)

• Sec. 2. Achieving sustainable development
• Sec. 4. Decision-making
• Sec. 6. Building a strong, competitive economy
• Sec. 9. Promoting sustainable transport
• Sec. 12. Achieving well-designed places
• Sec. 15. Conserving and enhancing the natural environment
• Sec. 16. Conserving and enhancing the historic environment

3. MEMBER COMMENTS

None received

4. PARISH COUNCIL COMMENTS

Lyndhurst Parish Council: Recommend refusal:

• Will result in the loss of a small dwelling.
• Concerns over available parking at the site and the number of vehicles movements per day this would create.

5. CONSULTEES

Tree Officer:

• There are currently no protected trees within the curtilage of this property although TPO 11/23 protects the woodland to the north and eastern boundaries.
• The change of use has no direct impact on any important amenity trees and there are no objections to this application on tree grounds.

Hampshire County Council (Highways Authority): No objections raised:

• Satisfied that the development would not result in a material impact on the safety or operation of the surrounding public highway network, as only a limited number of employees and associated vehicle movements are anticipated.
• Confirm that proposed parking provision does not raise concerns regarding overspill onto the public highway, given the parking available within the site as well as the nature of Clay Hill.

Planning Policy Team: Comments:

• Application will need to be considered by the Authority’s Planning Committee.
• Proposal engages considerations of the loss of a dwelling from the existing housing stock (with the National Park being subject to a high level of housing need), the re-use of a building outside the defined villages and an assessment of how the proposals will help to deliver the statutory National Park purposes.
• Link Cottage does not have any particular architectural merit and is not covered by any built environment designations.
• The refurbishment of Cottages 1 and 2 will benefit the local communities in the National Park, as the existing cottages are in a poor state of repair. The National Park Authority's acquisition of the wider site enables the renovation of the cottages to bring them into active use.
• As any future commoning use of the adjacent dwellings will not be legally secured, full weight cannot given to this benefit as it is not secured long term (some limited weight can be afforded in the overall planning balance).
• When considered against Policy SP42, the proposal is a small￾scale development and constitutes the re-use of an existing building.
• The proposed use of the Link Cottage will positively contribute to the understanding and enjoyment of the National Park’s special qualities (linked to the second statutory purpose).
• Weight should be given to the intended use of the building by the National Park Authority (and the benefits this would bring), but with a recognition that the change of use application would enable any Class E(g) use in the future, most likely without the need for further applications.
• Use Class E(g) requires uses to not have detrimental impacts on surrounding residential uses and so this provides reassurances on residential amenity impacts.

Building Design and Conservation Team: No objections:

• Proposal will have no impact to the setting of the curtilage Grade II* listed Foxlease Cottages.

Natural England: No objections raised.

6. REPRESENTATIONS

None received.

7. RELEVANT HISTORY

Erection of a bungalow and attached garage (existing dwelling to be demolished) (NFDC/81/20238) granted on 15 September 1981.

Erection of a dwelling and garage (existing dwelling to be demolished) (NFDC/81/19385) granted on 29 April 1981.

8. ASSESSMENT

Application Site

8.1 The application site (approximately 0.3 hectares in size) comprises a detached 1980’s bungalow (Link Cottage) which is a replacement of a mid-19th century lodge house, along with Numbers 1 and 2 Foxlease Cottages (a pair of semi-detached dwellings) which are Grade II* curtilage listed by virtue of their association with the Grade II* listed Foxlease House. Collectively these buildings fall within Foxlease Park, a historic parkland which is considered to be a Non-Designated Heritage Asset (and is included on the Hampshire Register of Historic Parks and Gardens).

8.2 The three dwellings within the application site share a single point of access (a private unmade track) which runs of the A337. This access also serves Coxlease School which lies to the south. This access (and the southern part of the site lies within the New Forest Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar designations.

8.3 The application relates specifically to Link Cottage which is not considered to be grade II listed but forms part of the immediate settling to the designated heritage assets.

8.4 The site is not located within an area which is subject to flood risk.

8.5 For the purposes of planning policy, the site lies within open countryside.

Proposed Development

8.6 Planning permission is sought for the change of use of Link Cottage from residential use (Use Class C3) to office use (Use Class E(g)).

8.7 The proposed change of use (which would be operated by the New Forest National Park Authority) does not involve any extension or external alteration to Link Cottage. No demolition works or physical changes to the site are proposed.

Consideration

Development Principle

8.8 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and paragraph 48 of the National Planning Policy Framework (NPPF, 2024) require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

8.9 In this case, the proposal would involve the re-use of an existing building and would therefore fall to be assessed primarily against Policy DP49 of the adopted New Forest National Park Local Plan 2016-2036 (2019) (herein referred to as the 'Local Plan'). This policy states that the re-use of buildings outside Defined Villages will be permitted provided that:

• the proposal would not result in the loss of an employment use or community facility and accord with Policy SP39;
• the proposal would not involve a residential use (other than in accordance with Policy SP19);
• the building is appropriate in scale and appearance to its location, and should be capable of conversion without significant extension or detriment to itself or its surroundings. The building must be structurally sound and capable of re-occupation without re-building; and
• in the case of agricultural or forestry buildings they must be genuinely redundant from their agricultural use and no longer capable of fulfilling any agricultural use.

8.10 In this case, the proposal does not result in the introduction of a new residential use. Whilst (as identified by the Parish Council) it is recognised that the proposal would result in the loss of an existing dwelling (of approximately 115 square metres and therefore not a 'small dwelling' as defined in the adopted Local Plan) from the local housing stock and that the New Forest National Park is an area which is recognised as being subject to a high level of housing need, there is nothing within the wording of Policy DP49 which prevents the re-use of existing dwellings. There are also no other policies within the Development Plan which specifically safeguard against the loss of C3 dwelling uses for employment purposes. Furthermore, the proposal would only result in the loss of one out of the three unoccupied existing dwellings on site and the proposal forms part of a wider scheme which would involve the refurbishment of the adjacent cottages so as to reinstate their residential use, including the proposal to make one available as a commoners’ dwelling. Having regard to this, alongside the emphasis within the Local Plan towards meeting the need for smaller dwellings (of less than 100 square metres) within the confines of the defined villages (as opposed to larger dwellings within less accessible areas) it is considered that an objection raised in relation to the loss of the residential use would not be sustainable in this instance.

8.11 A further consideration is that the supporting text to Policy DP49 clarifies that the policy is in place to enable the re-use of existing buildings which are appropriate to their New Forest setting, are a re-usable resource capable of conversion without significant reconstruction and are on sites which meet highway and other local authority standards. The nature of the site in this case is such that it is considered to adhere to these objectives. The existing building is modest in scale, unobtrusively sited and structurally sound. No physical alterations are proposed in this case to facilitate the change of use and there is no objection from the statutory highway authority. The application site is located adjacent to Coxlease School which has capacity for over 100 pupils (with associated vehicle movements) and the therefore the impacts are minimal. On this basis, it is concluded that the general principle of the proposed development is in accordance with Policy DP49.

8.12 Given that the proposal involves business / employment development, Policy SP42 is also relevant. This policy states in areas of countryside small scale employment development that helps the well-being of local communities will be permitted through the re- use or extension of existing buildings. The policy also states that particular encouragement will be given to businesses that help to maintain the land-based economy and cultural heritage of the National Park, or contribute to the understanding and enjoyment of the National Park’s Special Qualities. With regards to the issue of scale, the overall floor area of the building to be re-used measures approximately 115 square metres (just over 0.01 hectares). The use would involve four full time employees and would operate between 8:30 and 17:30 Monday to Saturday. The Applicant has also indicated that the site would not be open to visiting members of the public. On this basis, the proposal would generate only a modest change in overall levels of activity and can reasonably be considered modest in scale.

8.13 Information which supports the application indicates that the proposed change of use is intended to create a base for the New Forest National Park Authority which will support the delivery of the New Forest National Park Partnership Plan’s five core themes. It will help advance Net Zero with Nature by facilitating coordination and partnership working on climate related goals, such as active travel and access work, supporting collaborative delivery of volunteering and conservation initiatives, reinforcing the Thriving Forest agenda by providing a location to work on green and heritage skills training, helping to sustain the cultural heritage and economy of the New Forest, including initiatives linked to commoning and various other objectives. It is also recognised that the New Forest National Park Authority already works with Foxlease Park on volunteering, youth work and education initiatives, and this proposal will enable a much closer working relationship to deliver Partnership Plan objectives.

8.14 Based upon the information provided, it is concluded that the proposal would maintain the land based economy and cultural heritage of the National Park and would contribute to the understanding and enjoyment of the National Park’s Special Qualities.

8.15 Overall, it is concluded that the general principle of the proposed development is established through Policies DP49 and Policy SP42.

Character and Landscape

8.16 The New Forest was designated as a National Park in 2005, giving the area the highest status of protection in relation to landscape and scenic beauty.

8.17 Policy DP2 states that development should be appropriate and sympathetic in terms of scale, appearance, form, siting and layout incorporating materials and boundary treatments which are appropriate to the site and its setting. Policy DP18 seeks to ensure development is contextually appropriate and does not harm key visual features, landscape setting or other valued components of the landscape. Policy SP17 states that built development and changes of use which would individually or cumulatively erode the Park’s local character or result in a gradual suburbanising effect within the National Park will not be permitted.

8.18 As identified above, the existing building is modest in scale and unobtrusively sited. Furthermore, the proposal would be wholly contained within the site boundary. On this basis, it is considered that the development would be appropriate in terms its scale, appearance, form, siting and layout. For the same reason, it is also considered to be contextually appropriate and would not harm key visual features, landscape setting or other valued components of the landscape. Given the modest scale of the use proposed and the fact that it lies within the grounds of Foxlease Park which already generated some degree of activity at present (adjacent to the A337), it is also considered that it would not give rise to a harmful loss of tranquillity through unacceptable environmental impacts on the National Park and its special qualities. Any potential external lighting impacts can reasonably be controlled through conditions.

8.19 The proposal would not impact upon any notable trees, hedgerows or natural features within and adjacent to the site (or any features which contribute towards local distinctiveness).

8.20 Overall, it is concluded that as required by paragraph 89 of the NPPF the development design would be sensitive to its surroundings. The proposal would also be in accordance with Policies SP1, DP2, DP18, SP15 and SP17.

Historic Environment

8.21 Whilst Link Cottage itself is not of any notable architectural or historical interest, as identified above it lies within the setting of Foxlease Cottages (Grade II* curtilage listed) and within the grounds of the historic parkland associated with the Grade II* listed Foxlease House. The cottages have historically shared ownership with the principal house and have functioned in a supporting residential role associated with its use, including its long-standing operation as a Girlguiding activity centre.

Taken together, these factors provide a clear basis for understanding the cottages as falling within the curtilage of the grade II* listed building.

8.22 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

8.23 Policy SP16 is consistent with the above requirements and requires development to conserve and enhance the significance or special interest of designated or non-designated heritage assets. It also states that proposals that would harm the significance or special interest of a heritage asset will be resisted unless any harm is outweighed by the public benefits of the proposal, proportionate to the degree of harm and significance.

8.24 Paragraph 216 of the NPPF states that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

8.25 In accordance with Policy SP16 and paragraph 207 of the NPPF the application has been accompanied by a heritage assessment which describes the significance of heritage assets affected.

8.26 The Building Design and Conservation Team confirm that Link Cottage (a modern replacement structure) is not curtilage listed and that its heritage value is limited compared to the historic cottages. Its significance is therefore low in heritage terms, primarily derived from its physical proximity to designated assets rather than intrinsic architectural or historic value.

8.27 The proposal relates solely to the internal change of use of Link Cottage from residential to office use. No extensions, or external alterations are proposed. There would also be no external changes on the site affecting the listed cottages. Any activity associated with the use would be relatively low key (with four full time employees) and would not represent a harmful or significant increase in activity in comparison with the present situation. As such, there will be no material change to the setting, character or appearance of Cottages 1 and 2 or the character and legibility of the historic landscape.

8.28 The Building Design and Conservation Team raise no objections to the proposal and overall, it is concluded that the proposal would preserve the setting and significance of adjacent listed buildings as required by Section 66 of the Planning (Listed Buildings and Conservation Areas Act 1990). The proposal would also conserve the significance or special interest of designated or non-designated heritage assets as required by Policy SP16.

Amenity

8.29 Given that no external changes are proposed to the cottage, the development would not result in unacceptable adverse impacts on amenity in terms of additional impacts, visual intrusion, overlooking or shading. Having regard to the nature, scale and hours of the proposed use it is considered that (subject to appropriate conditions being imposed), the development would not result in unacceptable adverse impacts associated with noise or light pollution. On this basis, no conflict with Policy DP2 has been identified.

Highways

8.30 Policy SP55 seeks to promote safer access and more sustainable forms of transport to and within the National Park for access to services and amenities and for enjoyment, health and well-being. Policy DP2 states that development should not result in unacceptable adverse impacts associated with traffic and states that new development must also comply with required standards for parking.

8.31 It is recognised that the Parish Council raise concerns in relation to the level of traffic associated with the proposed use. However, having regard to the number of employees associated with the use, the fact that the public would not routinely visit the site and the modest overall floor area associated with the use, it is considered that any increase in vehicular activity associated with the use would be barely perceptible over and above the current situation. The main access off the highway (which also serves Coxlease School (as well as the adjacent dwellings) and experiences a relatively high number of vehicle movements for the 100+ pupils that the school caters for) has a good standard of visibility.

8.32 Based upon the parking standards contained within the Local Plan the proposal would give rise to a requirement for five parking spaces and one secure cycle parking space. It has been established from visiting the site that alongside appropriate parking provision for Foxlease Cottages there is sufficient space for at least five cars to be parked within the site in association with the use (alongside adequate turning space). With this mind, it is considered that the proposal is unlikely to give rise to a significant demand for on road parking.

8.33 In terms of cycle parking provision, the Applicant has indicated an intention to provide a cycle rack and full details of this would be secured through conditions.

8.34 The Highways Authority (Hampshire County Council) have confirmed that they raise no objections to the proposed development.

8.35 Paragraph 116 of the NPPF recognises that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. In this instance, it has been demonstrated that the proposed development would not result in any significant harmful impact upon highway safety in comparison with the existing access and traffic conditions.

Ecology

8.36 As identified above, the site access (and the southern part of the site) lies within the New Forest Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar designation. Wood Pasture and Parkland’ and ‘Lowland Mixed Deciduous Woodland’ are also present at the northern, southern and western site boundaries. Furthermore, the characteristics of the site and its surroundings is such that it is considered to be of notable local ecological value.

8.37 Policy SP6 requires proposals to protect, maintain and enhance nationally, regionally and locally important sites and features of the natural environment, including habitats and species of biodiversity importance.

8.38 With regards to nature conservation sites of international importance (Special Protection Areas (SPA), Special Areas of Conservation (SAC) and Ramsar Sites) Policy SP5 states that development which may affect their integrity will not be permitted unless there are imperative reasons of overriding public interest for the development, and there are no alternatives.

8.39 The application has been accompanied by a Preliminary Ecological Appraisal Report.

8.40 Whilst the other buildings on site are identified as having ecological potential, these buildings would not be physically impacted by the proposed development. Link Cottage itself is not considered to be of any notable ecological value (with no alterations are proposed to facilitate the proposed change of use in any event). Whilst it would not be possible to rule out the potential presence of protected species (including Great Crested Newts) within the site, the ecology survey recommends a Construction Environmental Management Plan (CEMP) to mitigate against impacts such as noise, disturbance, dust spill, lighting and chemical run-off during the construction. Subject to this being secured through appropriate conditions, it is considered that any potential adverse impacts upon local ecological interests can reasonably be mitigated.

8.41 Notwithstanding the distance between the development and the open forest, it is considered that, due to the presence of intervening features and the absence of any potential pathways between the site and the associated nature conservation sites, no significant adverse impacts are anticipated (subject to a CEMP being secured and implemented). Furthermore, the proposed development would not involve any additional overnight accommodation (it would actually reduce), would not necessitate the provision of connections to the foul water drainage network and would therefore not increase nutrient load on the Solent water environment.

8.42 It is recognised that biodiversity net gain is now required under the statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990. This seeks to ensure development proposals deliver at least a 10% increase in biodiversity value relative to the pre￾development biodiversity value of the onsite habitat.

8.43 In this instance, it has been established that the proposal would be exempt from mandatory BNG under Regulation 4(1) of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 as it comprises development that does not impact an onsite priority habitat, impacts upon less than 25 square metres of onsite habitat and impacts on less than 5 metres in length of onsite linear habitat.

8.44 It is also recognised that Planning Practice Guidance promotes wider environmental net gain in order to reduce pressure on and achieve overall improvements in natural capital, ecosystem services and the benefits they deliver. In this case, the submitted ecological assessment proposes various enhancement measures including the installation of bat boxes along with bird nesting features. These measures would be secured through conditions.

8.45 Having regard to the above assessment and the various measures proposed, it is concluded that the proposal would adequately avoid unacceptable adverse impacts upon biodiversity, and would maintain and features of the natural environment, including habitats and species of biodiversity importance. The development would therefore be in accordance with Policy SP6 and along with paragraph 193 of the NPPF.

8.46 It is recognised that the southern boundary of the site is adjoined by an area of ancient woodland. Ancient woodland, by definition, requires hundreds of years to establish and is an irreplaceable ecologically valuable habitat, which is only found in a small percentage of land within the UK. Paragraph 193 c) of the NPPF states that development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons, (such as infrastructure projects where the public benefit would clearly outweigh the loss or deterioration of habitat) and a suitable compensation strategy exists. Standing Advice from Natural England on this matter is that, to ensure that they are adequately protected from direct and indirect impacts associated with new development, a buffer zone of a minimum of 15m should be provided between the new development and the ancient woodland to provide protection to the root zone from direct impacts.

8.47 Whilst Link Cottage falls partially within the 15-metre buffer zone, no operational development is proposed within this area. Impacts in relation to external lighting can reasonably be controlled through condition and the proposed use is not one whilst would typically generate a greater level of noise over and above that which would result from the established residential use within the site. It is therefore concluded that the proposal would not give rise to significant adverse impacts upon ancient woodland over and above the present situation and the proposed development would adequately protect the setting of trees and woodland and would not result in the loss or deterioration of irreplaceable habitats as required by Policy DP2 and paragraph 193 of the NPPF.

Conclusion

8.48 In conclusion, is it considered that the general principle of the proposed development is established through Policies DP49 and Policy SP42 as the proposed use would be modest in scale and accommodated within a building which is unobtrusively sited and structurally sound. The proposal would not impact unacceptably on the existing housing stock and aligns with the NPPF objective of ensuring planning decisions enable the sustainable growth and expansion of all types of business in rural areas, including through the conversion of existing buildings (NPPF paragraph 88).

8.49 The proposal would also maintain the land-based economy and cultural heritage of the National Park and would contribute to the understanding and enjoyment of the National Park’s Special Qualities.

8.50 Subject to appropriate mitigation being in place, the proposal would also not give rise to significant harmful impacts upon the environment, having particular regard to heritage interests, ecology and traffic and transport.

8.51 It is therefore recommended that planning permission should be granted subject to conditions.

9. RECOMMENDATION

Grant Subject to Conditions

Condition(s)

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 Drawings 01 and 04. 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 SP16, SP17, DP18 and DP2 of the adopted New Forest National Park Local Plan 2016- 2036 (August 2019).

3. No activity shall take place on the site in connection with the approved use other than between the hours of 08:30 and 17:30 Monday to Saturdays, not including recognised public holidays.

   Reason: To safeguard the amenities of nearby residential properties in accordance with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).

4. A scheme for the parking of cycles shall be submitted to and approved in writing by the National Park Authority and completed prior to the development being first occupied. The spaces shall be retained and kept available for their intended purpose at all times.

   Reason: To ensure adequate parking provision is made in the interests of highway safety and to comply with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019), Section 9 of the National Planning Policy Framework and the Development Standards SPD.

5. The arrangements for parking and turning within its curtilage (Drawing 01) 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 Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019) and Section 9 of the National Planning Policy Framework.

6. 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 DP2 and SP15 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).

7. 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 (Preliminary Ecological Appraisal, ABR Ecology 7 April 2026). The specified measures shall be implemented before the development is brought into use and shall be retained at the site for the lifetime of the approved development.

   Reason: To safeguard protected species in accordance with Policies DP2 and SP6 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).

8. The building identified in Drawing 01 shall be use for Use Class E(g) and for no other purpose (including any other use in Class of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that class in any statutory instrument revoking and reenacting that order.

   Reason: To ensure that any other use of the building would be suitable in this predominantly rural area and to protect the occupiers of the neighbouring premises in accordance with Policies of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019) and paragraph 198 of the National Planning Policy Framework

Informative(s):

1. Please be advised that this planning consent does not cover the refurbishment of the Foxlease Cottages (‘B1’) and the associated outbuilding (‘B2’). Further ecological surveys will be required in relation to these works and should be submitted as part of any formal application for planning permission or listed building consent. Please refer to paragraph 2.40 of the approved Preliminary Ecological Appraisal (PEA) Report, ABR Ecology 7th April 2026)