Permitted development rights and compliance with the habitats regulations
The General Permitted Development Order (GPDO) allows for the change of use of some buildings and land to Class C3 (dwellinghouses) with this development subject to a prior approval process. However the Habitats Regulations also apply to such developments. We are obliged by the regulations to assume that there will be a significant effect on the New Forest and Solent SPAs.
Any development for prior approval should also be accompanied by an application for us to do a Habitats Regulations Assessment on the proposed development (please note there is a £30 fee for this). The development will need to include a mitigation package to mitigate the significant effect on the New Forest and Solent SPAs which new residential development would otherwise result in.
Please note this 'Regulation 75' application must be submitted prior to any commencement.
The mitigation package relating to recreational mitigation can be secured by completing a Unilateral Undertaking.
However, the assessment will also need to demonstrate effective mitigation for neither nitrates entering the Solent designated sites catchment, or phosphates entering the River Avon catchment. The requirement for in new development applies across the whole of the District and landowners/developers can prepare a site-specific 'nutrient budget' setting out how the nutrients arising from the development will be managed. Options include on- and off-site mitigation measures, proportionate to the scale of the development (and associated impacts) proposed. We have published further information in relation to Nutrient neutral development
If you have any general queries about our Mitigation Strategy or Nutrient neutral development please contact us for further information. If you have queries in relation to a specific development, please contact your case officer.
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