The development, proposed by Mr. Mark Bennett of M Bennett Development, would have seen a two-bedroom bungalow built behind an existing property on 4 Belmont Road, New Milton.
The proposed access route to the development was via Cutler Close.
The scheme was turned down by the New Forest District Council, a decision that Mr. Bennett appealed against.
READ MORE: Plans for up to five homes on ‘countryside’ plot submitted to council
After a site visit on November 27, 2025, an inspector dismissed the appeal. (Image: New Forest District Council)
The appeal was made under Section 78 of the Town and Country Planning Act, 1990, as amended.
However, after a site visit on November 27, 2025, an inspector appointed by the Secretary of State dismissed this appeal.
The primary reason for the appeal dismissal was the potential harm the proposed development could cause to the area’s character and appearance, particularly in regards to the long-term effect on protected trees.
The trees in question are a cluster of oak trees located in the garden of a neighbouring property, 24 Cutler Close, and are protected by a Tree Preservation Order.
These trees, due to their height and widespread canopies, significantly contribute to the character and appearance of the surroundings.
It was found that many of these trees’ branches overhung into the proposed development site.
The loss of these branches would, according to the inspector, damage the area’s character and appearance. (Image: New Forest District Council)
While an Arboricultural Impact Assessment provided by the appellant indicated that construction could be undertaken without affecting the trees’ health long-term, the inspector found the shading issue to be problematic.
The narrow plot meant that the overhanging branches would cast substantial shade on the proposed bungalow, creating living conditions that future residents might find intrusive enough to demand branch removal.
Such removals, despite being subject to council approval, could be more challenging to prevent.
The loss of these branches would, according to the inspector, noticeably damage the area’s character and appearance and potentially harm the trees’ long-term health.
Consequently, the proposed development conflicts with protective development plan policies, specifically the New Forest District Local Plan’s ENV3 and ENV4.
These policies aim to ensure well-designed new developments and to offer protection and preservation to trees contributing to the area’s character.