The Lymington Society

 

Weekly Planning Search - Mar 17th 2010

95286 - FORMER WEBBS FACTORY SITE, BRIDGE ROAD

registration date:  09/03/2010

Location: 

Proposal:  Mixed use development comprising 205 private dwellings; 93 affordable dwellings; 10 live/work units; 100 bed hotel; restaurant; office accommodation; 1 retail unit; pedestrian bridge over railway; riverside walkway; car parking & access (Removal of Condition 3 of Planning Permission 04/82337 to enable occupation of buildings to be phased with remediation of the site in accordance with an agreed scheme to deal with any contamination of the site),

Statutory Class: Other Small Scale developments

Consulted: 

History:

80580  05/02/2004  Mixed use development                               refused - appeal withdrawn     Paxton Holdings

82337  09/08/2004  Mixed use development                               granted                                 Paxton Holdings

87244  08/02/2006  Amendment to 82337 - care home for hotel   refused - appeal allowed         Redrow

93803  30/04/2009  mini-roundabout (outline consent)                 invalidated                             Redrow

94440  20/08/2009  Mini roundabout at existing T junction           invalidated - appeal awaited    Redrow

95309  03/03/2010  Extension of time limit of 82337                   consultation                          Redrow

95286  09/03/2010  Removal of Condition 3 of 82337                  consultation                          Redrow

95287  09/03/2010  Lawful Development Certificate                     consultation                          Redrow

Comment:  The essential bit is that in bold type above.   I have reproduced below the conditions attached to 82337, from which it can be seen (bold type) that Condition 3 deals with the purposes of the proposed restaurant, while Condition 7 deals with decontamination.   This application is accordingly difficult to understand.   On the other hand, the application is subsidiary to 95309, covered last week, on which we should concentrate our attention, so expending further time on it is probably not worth while.

 

A point which emerged from investigation of this application is that the appeal decision on 87244, which allowed a care home to replace the approved hotel, included a condition that construction should start before 1 May 2010 - see also extract reproduced below.

Recommendation:  None for the moment

 

95287 - FORMER WEBBS FACTORY SITE, BRIDGE ROAD

registration date:  09/03/2010

Location: 

Proposal:  Construction of 3 arm mini roundabout (Lawful Development Certificate that permission is not required for proposal),

Statutory Class: Other minor development

Consulted:  neighbours 2, others 14

History:  see 93803 (outline) and 94440 (full), above

Comment:  The case officer comments: "The issue for consideration in respect of this application will be based purely on a legal opinion as to whether planning permission would be required for the proposed roundabout."   The important point, which will be a feature of next week's appeal, is that even if planning permission is not required, that doesn't mean that Redrow can just go ahead and dig up the Queen's highway.   For a full exposition, see the statement of case copied from the appeal documents by NFDC on to the application website

Recommendation:  No action

 

94966 - 18 NEWBRIDGE WAY PENNINGTON

registration date:  09/03/2010

Location:  Bungalow half way along Elm Avenue/Newbridge Way

Proposal:  Summerhouse

Statutory Class: Householder developments

Consulted:  neighbours 16, others 5

History:  none

Comment:  A substantial summer house, but I am surprised it needs planning permission.

Recommendation:  No action

 

95319 - Land adjoining 4 EDWARDS CLOSE PENNINGTON

registration date:  11/03/2010

Location:  between Lodge Road and Ramley Road, behind the Vicarage

Proposal:  Bungalow

Statutory Class:  Minor Dwellings

Consulted:  neighbours 8, others 11

History:  92905 - House on Land of the vicarage, Ramley Road, which was part of  a site shared with the current application and 95319 below - granted 12/1/2009

Comment:  This is on part of a larger site onceowned by the Bishop of Winchester, now subdivided.   The new access to Edwards Close might be controversial, but objections should be left to the neighbours and/or the PRA

Recommendation:  No action

 

95320 - THE VICARAGE 29 RAMLEY ROAD PENNINGTON

registration date:  11/03/2010

Location:  Next to 95319 above, back to back and with access on to Ramley Road

Proposal:  House

Statutory Class: Minor Dwellings

Consulted:  neighbours 8, others 9

History:  See 95319 above

Comment:  This and the preceding application are for buildings on the subdivided plot of what was once the Vicarage.

Recommendation:  No action unless the PRA advise otherwise.

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Conditions attached to 82337

 

1) No development shall take place on the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning 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 accord with Policy DW-E23 of the New Forest District Local Plan

 

2) Before development commences, a scheme for the provision and implementation of surface water and foul drainage works 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   Reason:  To prevent pollution of the water environment in accordance with policy DW-E41 of the adopted New Forest District Local Plan.

 

3) The restaurant building shall only be used as a restaurant and for no other purpose including any other which might otherwise have been allowed by the Town and Country Planning (Use Classes) Order 1987 or by the Town and Country Planning (General Permitted Development) Order 1995 or by any subsequent amendment to that legislation.   Reason:  To safeguard the amenities of neighbouring residential occupiers in accordance with Policies DW-E1 and DW-E34 of the adopted New Forest District Local Plan

 

4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any subsequent amendment to that legislation, the restaurant hereby approved shall not be used for the sale of hot food for consumption off the premises.Reason:  In the interests of the amenities of the locality, in accordance with Policy DW-E1 of the adopted New Forest District Local Plan.

 

5) In each of the ten live/work units hereby approved, the work areas shall only be occupied and used by the occupiers of the living areas above and shall not at any time be used, sold or let independent of the living areas above. The work areas shall only be used for Class B1 business use and for no other purpose.   Reason:  To safeguard the residential amenity of the live/work units and neighbouring residential occupiers in accord with Policy DW-E34 of the adopted New Forest District Local Plan.

 

6) No development shall take place above damp proof course level until the following details have been submitted to, and approved in writing by, the Local Planning Authority  [list omitted].   Reason:  To ensure that the development takes place in an appropriate way in accordance with policies DW-E1 and DW-E5 of the adopted New Forest District Local Plan.

 

7) Before the development is first commenced, a scheme to deal with any contamination of the site shall be submitted to and approved in writing by the Local Planning Authority. This scheme shall include:  [list omitted]  

If any other previously undiscovered contamination is found during the development of the site, this shall be notified to the Local Planning Authority immediately, along with a suitable risk assessment and where necessary, a remediation scheme. The remediation scheme shall be approved in writing by the Local Planning Authority.

Before any of the units on the site are first occupied, the remedial measures shall have been completed and a statement to that effect shall be sent in writing to the Local Planning Authority, which will include any future requirements for the monitoring of the site.

Reason: To ensure that any contaminated land on the site is identified and properly treated in the interests of the well-being of nearby residents and the environment in general in accordance with policy DW-E34 of the adopted New Forest District Local Plan.

 

8) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.   Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

 

9) The office accommodation within Block L adjacent to the entrance of the site shall only be used for Class B1(a) office use and for no other purpose.   Reason:  In the interests of the amenities of the locality, in accordance with Policy DW-E1 of the adopted New Forest District Local Plan.

10) Whilst the proposed development is not in accordance with Policy BU-B2 of the adopted New Forest District Local Plan, it is considered that the scheme makes adequate provision for employment opportunities both on and off the site. It is also considered that the scheme would deliver additional community benefits in the form of affordable housing and public open space, including a riverside walkway. The design and layout of the development is considered acceptable and one which would have a positive visual impact on its environs.

Extract from Appeal Decision - 87244 dated 2 May 2007

 

25. I allow the appeal, and grant planning permission for replacement of the approved hotel block with a C2 use unit   .  .  .  in accordance with the terms of the application, Ref 06/87244, dated 20 January 2006, and the plans submitted with it, subject to the following conditions:

 

1) The development hereby permitted shall begin before the expiration of three years from the date of this decision.