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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.
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Development shall only be carried out in accordance with the following plans and documents:
Plans:
- Proposed Site Plan – Reference P-001 Rev P2
- Proposed Main House Site Plan – Reference P-002 Rev P1
- Proposed Main House Ground Floorplan – Reference P-100 Rev P2
- Proposed Main House First Floor Plan – Reference P-101 Rev P2
- Proposed Main House Roof Plan – Reference P-102 Rev P2
- Proposed Main House North Elevation – Reference P-200 Rev P3
- Proposed Main House East Elevation (1 of 2) – Reference P-201.1 Rev P3
- Proposed Main House East Elevation (2 of 2) – reference P-201.2 Rev P2
- Proposed Main House South Elevation – Reference P-202 Rev P3
- Proposed Main House West Elevation (1 of 2) – Reference P-203.1 Rev P3
- Proposed Main House Section A-A – Reference P-250 Rev P3
- Proposed Main House Section B-B – Reference P-251 Rev P3
- Proposed Site Plan Dairy – Reference 23-010 Rev C
- Proposed Floorplan Dairy – Reference 23-011 Rev D
- Proposed Elevations Dairy – Reference 23-012 Rev C
- Proposed Sections Dairy – Reference 23-020 Rev C
- Proposed Site Plan Park – Reference 23-013 Rev D
- Proposed Floorplan Park – Reference 23-014 Rev D
- Proposed Elevations Park – Reference 23-015 Rev D
- Proposed Section Park – Reference 23-021 Rev B
- Proposed Park Car Port – Reference 23-019 Rev C
- Proposed East Lodge Site Plan – Reference P-030 Rev P1
- Proposed East Lodge Ground Floorplan – Reference P-110 Rev P2
- Proposed East Lodge Elevations – Reference P-210 Rev P2
- Proposed east Lodge Roof Plan – Reference P-111 rev P1
- Block and Roof Plan – Reference A-SX-103
- Estate barns – Ground Floor Plan, Elevations – Reference A-S3-104 Rev B
- Lighting Strategy – References 1272-LB-EX-XX-DR-E-7080-31 P06, 1272-LB-EX-XX-DR-E-7080-32 P06, 1272-LB-EX-XX-DR-E-7080-33 P05, 1272-LB-EX-XX-DR-E-7080-34 P05, 1272-LB-EX-XX-DR-E-7080-35 P05, 1272-LB-EX-XX-DR-E-7080-36 P05
Documents:
- Flood Risk Assessment Version 4 (5 December 2025, Fairhurst)
- Construction Management Plan (Uploaded 16 September 2025 PAD Studio)
- Nitrates Technical Note (Holbury Consultancy Service 28th May 2025)
- Landscape and Ecology Management Plan (Uploaded 12 August 2025 Leof Landscape)
- Bat Hibernation Survey 2024-25 (David-Watts Ecology 31 March 2025)
- Bat Survey (David-Watts Ecology 10 October 2024)
- Sustainability Statement (Ecospheric June 2024)
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 site and its surroundings in accordance with Policies SP16, SP17, DP18 and DP2 of the adopted New Forest National Park Local Plan 2016- 2036 (August 2019).
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The Biodiversity Gain Plan, to be submitted and agreed in writing by the New Forest National Park Authority in accordance with paragraphs 13 and 14 of Part 2 of Schedule 7A of the Town and Country Planning Act 1990, shall be prepared broadly in accordance with the approved BNG Metric and draft BNG Plan.
Reason: to ensure delivery of the requisite biodiversity net gain and to accord with Policy SP6 of the adopted New Forest National Park Local Plan 2016-2036 (August 2019).
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The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including:
- a non-technical summary;
- the roles and responsibilities of the people or organisation(s) delivering the HMMP;
- the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
- the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
- the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,
has been submitted to, and approved in writing by, the local planning authority.
The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.
Reason: to ensure delivery of the requisite biodiversity net gain and to accord with Policy SP6 of the adopted New Forest National Park Local Plan 2016-2036 (August 2019).
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No development shall take place on either the approved main house or the approved East Gate Lodge until the proposed slab levels in relationship to the existing ground levels set to an agreed datum shall be submitted to and approved in writing by the New Forest National Park Authority. Development shall only take place in accordance with those details which have been approved.
Reason: To ensure that the development takes place in an appropriate way in accordance with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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No development shall take place on the approved main house until an Energy Assessment for the building has been submitted to the Local Planning Authority and has been approved in writing. The Energy Assessment shall include the following details:
- Passivhaus Certification
- Whole life cycle carbon assessment
- Resource and waste strategy
- Carbon Emission factors
- Water efficiency measures
- Renewable energy technologies
The assessment should demonstrate how onsite energy demand and emissions have been addressed in accordance with the energy hierarchy approach.
Development shall be carried out fully in accordance with the approved details and the agreed measures shall be retained for the lifetime of the approved development.
Reason: To ensure the development incorporates sound sustainable design, good construction principles, good environmental practices, improved water and energy efficiency, small scale renewable and low carbon energy generation as required by Policies DP18 and SP11 and paragraph 161 of the NPPF.
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No development shall take place on each phase of the development (as outlined in Condition 26) until a scheme of landscaping for that phase has been submitted to and approved in writing by the New Forest National Park Authority. This scheme shall include:
- the existing trees and shrubs which have been agreed to be retained;
- a specification for new planting (species, size, spacing and location);
- areas for hard surfacing and the materials to be used;
- other means of enclosure;
- a method, timetable and programme for its implementation and the means to provide for its future maintenance.
No development shall take place unless these details have been approved and then only in accordance with those details.
Reason: To safeguard trees and natural features and to ensure that the development takes place in an appropriate way and to comply with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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No development shall take place above slab level on the approved estate barn until samples or exact details of the facing and roofing materials have been submitted to and approved in writing by the New Forest National Park Authority. Development shall only be carried out in accordance with the details approved.
Reason: To ensure an acceptable appearance of the building in accordance with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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No development shall take place until a surface water drainage scheme for the site has been submitted to the Local Planning Authority and has been approved in writing. The drainage scheme shall be informed by the approved Flood Risk Assessment (August 2024, Fairhurst Consulting) and shall include the following information:
- Site specific infiltration testing
- Rationale for proposed soakaway design having regard to existing ground conditions / water table
- Final drainage design including Sustainable Urban Drainage Features along with a timetable for implementation and measures for maintenance in the long term
The approved drainage measures shall be implemented fully in accordance with the approved details and implementation scheme and shall be retained for the lifetime of the approved development.
Reason: In order to ensure that the drainage arrangements are appropriate and in accordance with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019) and paragraph 182 of the NPPF.
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Prior to the commencement of the development of the approved estate building / barn (as identified on Drawing A-S3-104 Rev B) (including site and scrub clearance), measures for ecological enhancement (including timescales for implementing these measures) shall be submitted to and approved in writing by the National Park Authority. The measures thereby approved shall be implemented and retained at the site in perpetuity in accordance with the approved details. The measures shall be based on the recommendations set out in the ecological report approved as part of this planning application.
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).
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Prior to any of the approved works being undertaken on the Dairy and Park Cottage, a barn owl survey shall be undertaken in respect of these buildings and full details of nesting bird mitigation, compensation and enhancement (including barn owls, swallows and other species where necessary) to be informed by suitable survey work shall be submitted and agreed in writing. These details shall include the location, position and specification of the proposed measures alongside a timetable for their implementation. Development shall proceed in fully in accordance with the agreed details and maintained for the lifetime of the approved development unless otherwise agreed in writing.
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).
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No demolition or development shall take place within the area indicated until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme investigation which has been submitted by the applicant and first approved in writing by the New Forest National Park Authority.
Reason: The development is located in an area of archaeological significance where the recording of archaeological remains should be carried out prior to the development taking place in accordance with Policy DP2 and SP16 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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No development shall commence on site until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. The CTMP must address the following matters:
- Routing and Access
- Site Logistics
- Vehicle Management
- Operational Hours
- Community Liaison
- Safety and Environment
Development shall be carried out in strict accordance with the approved CTMP throughout the construction period.
Reason: To avoid unacceptable adverse impacts associated with traffic and access as required by Policy DP2 of the New Forest National Park Local Plan (2019).
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Prior to the commencement of development ecological mitigation for the Solent and New Forest Special Protection Areas, Special Areas of Conservation and Ramsar sites shall be submitted to and approved in writing by the New Forest National Park Authority. The ecological mitigation may take the form of a planning obligation which secures financial contributions in accordance with the Authority’s adopted Mitigation Strategy and the Solent (SRMP) Explanatory Note.
Reason: To safeguard sites of international ecological importance in accordance with Policies SP5 and SP6 of the adopted New Forest National Park Local Plan 2016-2036 (August 2019), the Authority’s Mitigation Strategy and the SRMP.
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Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions relating to contamination have been complied with.
If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 19 relating to the reporting of unexpected contamination has been complied with in relation to that contamination.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies DP2, SP6, DP8 and paragraph 187 of the NPPF
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No development shall take place until an investigation and risk assessment to assess the nature and extent of any contamination on the site of the proposed Main Building (whether or not it originates on the site) has been submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:
- a survey of the extent, scale and nature of contamination;
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an assessment of the potential risks to:
- human health
- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes
- adjoining land
- groundwaters and surface waters
- ecological systems
- archaeological sites and ancient monuments
- an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with the Environment Agency's technical guidance, Land Contamination Risk Management (LCRM).
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies DP2, SP6, DP8 and paragraph 187 of the NPPF
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Where contamination has been identified within the approved investigation and risk assessment, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be submitted to and approved in writing before development commenced on the site. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.
The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
The approved remediation scheme shall be implemented in full and in accordance with the approved details. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies DP2, SP6, DP8 and paragraph 187 of the NPPF
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Within 2 months following the completion of measures identified in the approved contaminated land remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried shall be submitted to an approved in writing by the Local Planning Authority.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies DP2, SP6, DP8 and paragraph 187 of the NPPF
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In the event that contamination is found at any time when carrying out the approved development that was not previously identified an investigation and risk assessment must be submitted to and approved in writing by the Local Planning Authority.
Where the assessment identifies the need for a remediation scheme, the scheme shall be submitted to the Local Planning Authority and approved in writing. The remediation scheme shall be implemented fully in accordance with the approved details.
Within two months following the completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority in accordance with condition 18.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policies DP2, SP6, DP8 and paragraph 187 of the NPPF.
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Prior to their first use on the main house, details of the following construction materials shall be submitted to and approved in writing by the Local Planning Authority:
- Facing and roofing materials;
- Rainwater goods;
- Treatment of verges and bargeboards;
- Windows and doors;
- Rooflights;
- External lighting;
- Extracts, vents or flues; and
- Gates.
Development shall only take place in accordance with those details which have been approved.
Reason: To protect the character and architectural interest of the building in accordance with Policies DP2, DP18 and SP16 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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Prior to their first use on the East Lodge, details of the following construction materials shall be submitted to and approved in writing by the Local Planning Authority:
- Facing and roofing materials;
- Rainwater goods;
- Treatment of verges and bargeboards;
- Windows and doors;
- External lighting;
- Extracts, vents or flues.
Development shall only take place in accordance with those details which have been approved.
Reason: To protect the character and architectural interest of the building in accordance with Policies DP2, DP18 and SP16 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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Prior to their first use on the outbuilding associated with Park Cottage details or samples of the following construction materials shall be submitted to and approved in writing by the Local Planning Authority:
- Facing and roofing materials;
- Rainwater goods; and
- External door details.
Development shall then proceed in accordance with the approved details.
Reason: To ensure an acceptable appearance of the building in accordance with Policy DP2 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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The development hereby permitted in respect of Park Cottage (Drawing Reference 23-013 Rev D ) shall not be occupied until:
- A water efficiency calculation in accordance with the Government's National Calculation Methodology for assessing water efficiency in new dwellings has been undertaken which demonstrates that no more than 110 litres of water per person per day shall be consumed within the development, and this calculation has been submitted to, and approved in writing by, the Local Planning Authority;
- A mitigation package addressing the additional nutrient input arising from the development has been submitted to, and approved in writing by, the Local Planning Authority. Such mitigation package shall address all of the additional nutrient load imposed on protected European sites by the development when fully occupied and shall allow the Local Planning Authority to ascertain on the basis of the best available scientific evidence that such additional nutrient loading will not have an adverse effect on the integrity of the protected European sites, having regard to the conservation objectives for those sites; and
- All measures forming part of that mitigation package have been provided to the Local Planning Authority.
The development shall be carried out in accordance with and subject to the above details.
Reason: There is existing evidence of high levels of nitrogen and phosphorus in the water environment with evidence of eutrophication at some European designated nature conservation sites in the Solent catchment. To ensure that the proposal may proceed as sustainable development, there is a duty upon the Local Planning Authority to ensure that sufficient mitigation is provided against any impacts which might arise upon the designated sites. In coming to this decision, the Authority has had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017 and Policy SP5 of the adopted New Forest National Park Local Plan (2016 - 2036).
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The approved works to the Dairy as identified on Drawing Numbers 23-010 Rev C, 23-011 Rev D and 23-012 Rev C shall not commence until:
- the car port to Park Cottage has been built as per the design and specifications in Figure 4 and paragraph, Paragraph 6.2.4 of the Bat Hibernation Survey 2024-25, Davidson-Watts Ecology, 31 March 2025 and Drawing 23-019 Rev C and;
- Three crevice and three cavity woodcrete bat boxes have been placed on nearby semi-mature or mature trees at a height of 3 to 5 metres facing west or south as set out in paragraph 6.2.5 of the Bat Hibernation Survey 2024-25, Davidson-Watts Ecology, 31 March 2025
Thereafter these features shall be retained 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).
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No external lighting shall be introduced to the site other than in accordance with the Approved External Lighting Strategy, Ben Pentreath Ltd as set out within the following drawings:
- 1272-LB-EX-XX-DR-E-7080-31 P06
- 1272-LB-EX-XX-DR-E-7080-32 P06
- 1272-LB-EX-XX-DR-E-7080-33 P05
- 1272-LB-EX-XX-DR-E-7080-34 P05
- 1272-LB-EX-XX-DR-E-7080-35 P05
- 1272-LB-EX-XX-DR-E-7080-36 P05
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).
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The development hereby approved shall be carried out in accordance with the following phasing of works, unless otherwise agreed in writing by the Local Planning Authority;
- Demolition and replacement of the main dwelling
- The development of Park Cottage shall be begun within 3 years of the demolition of the main dwelling and;
- completed in accordance with approved plans 23-013 rev D, 23-014 Rev D and 23-015 Rev D within 6 years of the demolition of the main dwelling
- The restoration works to the Dairy shall be completed in accordance with approved plans 23-010 Rev C, 23-011 Rev D, 23-012 Rev C and 23-020 Rev C no later than 8 years following the demolition of the main dwelling
- The existing barns and stables as shown on drawings S-220 P1, S-120 P1, S-221 Rev P1 shall be demolished within 9 years of the demolition of the main dwelling.
The Authority shall be notified of the demolition of the main dwelling in writing within 14 days of demolition taking place.
Reason: To help secure the long term conservation and viable use of designated heritage assets and to sustain and enhance their significance as required by Policy SP16 of the New Forest National Park Local Plan 2019 and paragraph 210 of the NPPF
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Within 6 months of completion of the approved East Gate Lodge, Lime Tree Cottage shall be completely demolished and the land re-instated to a condition which has been agreed in writing by the Local Planning Authority.
Reason: To ensure the proposal would not result in a net increase in residential dwellings in open countryside as required by Policy SP19 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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The dairy shall only be used for purposes incidental to Brockenhurst Park and shall not be used for habitable accommodation such as kitchens, living rooms and bedrooms or for any form of commercial activity.
Reason: To protect the character and appearance of the countryside in accordance with Policies DP36 and DP37 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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The estate building the subject of this permission shall only be used for the purposes of private stabling, agriculture and the maintenance of the Brockenhurst Park estate and for no other purposes whatsoever.
Reason: The building is only justified on the basis that it is necessary for agriculture, private stabling and the upkeep of the estate and in accordance with Policies DP50, DP51 and DP52 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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The garage building to the main house the subject of this permission (as identified on Drawing P-100 P2) shall only be used for purposes incidental to the dwelling on the site and shall not be used for habitable accommodation such as kitchens, living rooms and bedrooms.
Reason: To protect the character and appearance of the countryside in accordance with Policies DP36 and DP37 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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The carport to Park Cottage the subject of this permission (Drawing 23-019 Rev C) shall only be used for purposes incidental to the dwelling on the site and shall not be used for habitable accommodation such as kitchens, living rooms and bedrooms.
Reason: To protect the character and appearance of the countryside in accordance with Policies DP36 and DP37 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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All works (including site clearance, demolition and construction) shall be carried out fully in accordance with the approved Construction Management Plan (Pad Studio).
Reason: To ensure the proposed development would not would not result in unacceptable adverse impacts on amenity, impacts associated with traffic or pollution or adverse impact upon local ecological interests as required by Policies DP2 and SP6 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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The trees/hedges 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 approved Arboricultural Impact Assessment Method Statement & Tree Protection Plan (Trevor Heaps Arboricultural Consultancy Ltd, 1st December 2023, Date: 1 st December 2023 Ref: TH 3502).
Reason: To safeguard trees and natural features which are important to the visual amenities of the area, in accordance with Policies DP2 and SP6 of the adopted New Forest National Park Local Plan 2016- 2036 (August 2019).
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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 recommendations contained within Section 6 of the Bat Hibernation Survey 2024-25, Davidson-Watts Ecology, 31 March 2025 and Section 7 of the Bat Survey 10 October 2024, Davidson-Watts Ecology, 31 March 2025.
The specified measures shall be implemented and 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).
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Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) England Order 2015 (or any re-enactment of that Order) no extension (or alterations) otherwise approved by Classes A, 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 shall be erected or carried out in respect of the main house or the East Gate Lodge without express planning permission first having been granted.
Reason: To ensure the dwelling remains of a size which is appropriate to its location within the countryside and to comply with Policies DP35 and DP36 of the adopted New Forest National Park Local Plan 2016 - 2036 (August 2019).
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Where Public Rights of Way are close to application sites or are used for access to the development site, they must be shown on the submitted plans with details of how they will be accommodated within the proposals. Government guidance requires that applications should not be validated unless such information has been submitted.
Nothing connected with the development, or its future use, shall have an adverse effect on the Public Rights of Way (PROW), which must always remain available for safe public use at all times.
No vehicles (including builder’s and contractor’s), machinery, equipment, materials, spoil, scaffolding, or anything else associated with the works, use, or occupation of the development, shall be left on or near to a Public Right of Way as to cause obstruction, hindrance, or a hazard to the legitimate users. The public retain the right to use the PROW at all times.
The grant of planning permission does not entitle developers to obstruct a public right of way. The diversion or stopping up of footpaths, bridleways and restricted byways is a separate process, which must be carried out before the paths are affected by the development. It cannot be assumed that because planning permission has been granted that an Order under section 257 of the TCPA (1990) will invariably be made or confirmed.
Development, in so far as it affects a PROW, must not be started and the PROW should be kept open for public use, unless or until the necessary order has come into effect.
All vehicles that would be legitimately accessing the site via a Public Right of Way should give way to public users, which could include horse-riders and cyclists, at all times. In cases with legitimate vehicular access a Construction Traffic Management Plan (CTMP) should be submitted to, and approved by, Hampshire Countryside Service as Highways Authority prior to any approval by the Planning Authority, and prior to commencement, to ensure the protection of public safety.
There must be no surface alterations to a Public Right of Way without the consent of Hampshire County Council as Highways Authority. Planning permission under the Town and County Planning Act (1990) does not provide this and separate consent is required. To carry out any such works without this permission would constitute an offence under Section 131 of the Highways Act (1980).
No works to the surface of the Public Right of Way shall be carried out without prior approval of the HCS Area Countryside Access Manager. Any damage caused to the surface of the Public Right of Way by construction traffic will be required to be restored to the satisfaction of the Area Countryside Access Manager on the completion of the build.
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With regards to Condition 12, please be advised that the appropriate course of action to meet the terms of the above conditions would be to commission an archaeological contractor with a proven track record to provide a written scheme of investigation/s for an iterative program of archaeological investigation, monitoring and recording on the site.
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With regards to Condition 23, please be advised that for the purposes of discharging this condition, if a package treatment plant is proposed as on site mitigation sufficient information will be required to demonstrate that the installation will operate effectively for the lifetime of the development (and deliver mitigation over the in perpetuity period) a Management Plan must be submitted which demonstrates that management and maintenance regimes can be guaranteed over the lifetime of the mitigation.
- Management arrangements to ensure the system is properly maintained and operates correctly
- Natural England guidance states that mitigation should be in place in perpetuity i.e. a period of between 80 to 125 year.
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The Management Plan will need to include the following information:
- Interannual/annual servicing e.g., pipe blockages
- Interannual/annual desludging of PTP/ST and associated (specific) disposal requirements
- Monthly checks of drainage field for water logging
- Annual monitoring of influent and effluent to make assumptions about TP loading to the drainage field
- A detailed sampling strategy incl. testing of filter material to determine max P saturation
- Replacement of filter material once max P saturation is reached
- Sampling programme will need to be reactive to rainfall events where possible in order to sample runoff entering and exiting the drainage field
- Robust design and maintenance and monitoring to ensure correct dosing in perpetuity, in the rare instances where chemical dosing is accepted
- Pre- and post-implementation monitoring outputs to gain credits for P (only for PTP/ST orchards)
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With regards to Condition 11, in this instance the use of condition is appropriate as professional survey work has to some extent scoped the likely impacts and the Authority can be confident that there are measures such as seasonal working and provision of alternative opportunities that would sustain the local population of the species affected.
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The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition ''(the biodiversity gain condition'') that development may not begin unless:
- a Biodiversity Gain Plan has been submitted to the planning authority, and
- the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be the New Forest National Park Authority.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.