Housing Development at Church Lane



Following the signing of the S106 Agreement in December, Steve Avery from NFNPA attended the January Parish Council meeting to update us the likely timetable of the development. Full minutes are available on the Meetings and Minutes page of this website. The notes relating to Church Lane are extracted here for ease: 

Planning permission was finally confirmed following the legal agreement which was completed and issued 21 December. 

The legal agreement focuses on a number of aspects, including: 
•Affordable housing – 23 of 46 dwellings approved are for affordable housing and to be retained in perpetuity.
•Phasing of the development – the developer cannot build all the open market housing first; the affordable housing must be simultaneous.
•Local connection policy – this is administered by NFDC as the housing authority to make sure local people get the housing.
•Management company to be created for the open space and public assets on the development.
•Habitat mitigation payments, off-site improvements and on-site infrastructure – including the path to Jubilee Field.

The Planning Permission includes 18 conditions, some to be completed before they can even start the build (pre commencement) such as protection of trees, construction method statement (vehicles, mud, contractors etc) and biodiversity enhancement plan. Then they will start work and agree all the materials, finishes, hard landscaping etc. then sustainability measures – optimising the site to incorporate renewable energy features. 

The developers are keen to start having waited a long time. Details from them will be incoming very soon, some have already been received at the NFNPA as drafts. All details related to the conditions are published on the portal and available to view (the Clerk will share on the Sway PC. Church Lane Development webpage when notified by the NFNPA). 

The Method Statement will indicate how long the development will take. There is likely to be an approximate 4-6 weeks’ turnaround from receipt of the documents, so development could start as soon as the beginning of March. Could be 18-24 months to completion, but really it is impossible to say without the developer information. 

Residents should contact the NFNPA if access on Church Lane is problematic and/or the site doesn’t follow the method statement they submitted. Contractors’ vehicles should be accommodated on site. They shouldn’t be parking on Church Lane. 

In response to a query from HS on ensuring the builders, not just the developer, know how to correctly install artificial habitats such as swift bricks, SA said that if such measures were to be proposed, the details would need to be included in the Biodiversity Enhancement Plan (BEP) and the outcomes should be monitored over a 30 year period. 

A requirement for at least 10% net increase in biodiversity is now enshrined in law (for larger developments). The management company will have a part to play in that.  Other schemes have seen local community representatives on the management company – there is an opportunity for a conversation between the pc and the developer. 

The footpath to Jubilee Field must be constructed by the time the 11th house is built. Details of where they will complete to must be included in the agreements and will be available before anything is started.

There is no general pot of S106 monies, or anything specifically set aside for Sway; the funds are designated for very specific purposes. 

The management company will own and have public liability of the open space.


  1. The S106 agreement is being negotiated. 
  2. The additional conditions added in the NFNPA Planning Committee meeting (increased emphasis on sustainability, as suggested by the Parish Council & EcoSway, and Garages not for habitable use); are being added - see https://www.newforestnpa.gov.uk/app/uploads/2021/12/PC-Draft-Minutes-August-2022.pdf. This is a substantial list of desirable items to be agreed - particularly the impressive 50% of the number of dwellings that will be affordable housing for those with local connection - the top priority expressed by Sway residents.  A lot of the other items mentioned in 11.52 relate to improvements suggested by Sway Parish Council and residents.  So, congratulations to the Sway Planning & Trees Committee, the Sway Church Lane Development Working Group, EcoSway and all local residents who submitted their comments and suggestions.  
  3.  It is unlikely that this will return to the NFNPA Planning Committee.
  4. There have been a few teething problems with the new NFNPA planning system that currently make it hard to navigate the documentation but all the documents are there, somewhere; and those issues are being sorted out - and will not be a problem in the future.

Report item 1 Comments
"Members resolved to delegate authority to Officers to grant permission as per the recommendation on the paper, together with amendments to the wording of condition 17 regarding sustainability measures and amended wording to the condition relating to the garages, and subject to the owners first entering into a section 106 obligation to secure the affordable housing as such in perpetuity and the other matters as listed at paragraph 11.52 of the report."

and paragraph 11.52 of the report says:

"11.52 Section 106 Legal Agreement
The following developer obligations and contributions, index linked where appropriate, will need to be secured by a Section 106 legal agreement. These have been assessed as being necessary, directly related to and fairly and reasonably related in scale and kind to the development:
• The provision of 50% affordable housing, including local connection, capping for rents and subsequent resale of share ownership accommodation.
• Ecological mitigation for the New Forest Special Protection Areas, Special Areas of Conservation and Ramsar sites: £168,406
• Ecological mitigation for the Solent designated European Sites: £30,882
• Incorporation of a management company (or such other arrangement as may be agreed) to maintain the common areas, including unadopted roads, open space, play area and SUDS and ecological enhancement.
• Monitoring and reporting on biodiversity.
• Completed dormouse survey and detailed mitigation measures, if required.
• Transport obligations, including:
      - Pedestrian infrastructure improvements.
      - Traffic Regulation Order (TRO) contribution of £6,000 for implementation of parking restrictions on Church Lane around access, if required.
• Provision of footpath to Jubilee Field and £1,000 contribution to Sway Parish Council for off-site footpath.
• Monitoring and management fee."


At the meeting of the NFNPA Planning Committee on Tuesday 16th August, the amended application was reviewed and considered. Input was given by the Planning Officer, the applicant, Sway Parish Clerk, and two members of the public. 

The discussion lasted approximately 90 minutes and the recording can be watched in full online

Finally, the application was granted permission, by unanimous vote, but subject to conditions - some of which were already drafted in the Planning Officer's report and others to be finalised by the Officers following the discussions in the meeting. 

The Working Group awaits the publication of permission and conditions stipulated and hopes to continue engaging with the developer and monitoring progress once the site work commences.


Following our submission in response to the amended application (see below) in early July, a significant number of further amendments, reports and other documentation was added; the Parish Council Working Group has convened again and reviewed everything again, and prepared comments accordingly. 

The NFNPA Planning Committee will consider the application at its 16th August meeting, despite being asked to defer to enable everyone to review and respond, but this has been declined. The following documentation has been submitted on behalf of Sway:

- letter to NFNPA expressing concerns at the process and timing of this application

- statement to support the recommendation for refusal of the current (amended) application


Following the release of the revised application, the Council and Working Group spent an intense three weeks pulling together our formal response to the application, organising and hosting a public consultation and commissioning third party expert reports on specific aspects which were of greatest concern to our residents. We were able to negotiate an extension to the response time in order to give time for a public meeting to review and consider the draft response which we did on 30th June. 

Our full and final response was submitted to the Local Planning Authority (NFNPA) on Wednesday 6th July. 

UPDATE 29 JUNE 2022:

Revisions to the planning application and supporting documentation were published last week on the NFNPA Portal

The Parish Council and Church Lane Working Group have been compiling a further formal response, which will be considered at the extra-ordinary meeting on Thursday 30th June from 7pm at Jubilee Field Pavilion.  Please review the draft response and bring any further amendments or suggestions to the meeting. 

UPDATE 14 JUNE 2022:

Revisions to the planning application and supporting documentation were published last week on the NFNPA Portal

There will be another residents' drop-in session at the Jubilee Field Pavilion on Saturday 25th June from 1-3pm, to give you all a chance to review the amendments and discuss them with members of the Parish Council. Remember you should submit your comments directly to the planning authority via the portal page using the 'Comments' tab. Those who attend on 25th June will have until the 28th June to submit their comments. 

The Parish Council will meet - additionally - on Thursday 30th June to review and approve its formal response to the planning application. This is an important development for Sway and we encourage everyone to make a comment. 

UPDATE 18 MAY 2022:

The archeological dig has commenced at the site. You can read details in the report prepared by Cotswold Archeology.

UPDATE 12 MAY 2022: 

Another update meeting provided details of the revisions to the planned open space, and further discussion on the housing portfolio within the development. We hope to see amendments to this aspect soon.


A further meeting of the Church Lane Working Group and Parish Councillors was held yesterday and proved useful. Amendments have been suggested to improve the scheme and to resolve some of the issues raised during feedback. Reports and surveys are still being carried out on the site and those reports will be published as they are received. It was felt to be a positive and productive meeting. 


Members of the Church Lane Working Group and Sway Parish Council met with the developer to review the plans and application in light of all the responses so far. 


The Parish Council, through the Church Lane Working Group, has taken Sway residents' comments into consideration, and prepared a further submission outlining some more details and further suggestions on the application. The Parish Council will also consider commissioning an independent professional road safety and highways report, at the meeting on Thursday 16th December. See the further detailed response from Sway Parish Council. 


After consultation with residents, the Parish Council has compiled a comprehensive response to the planning application for the proposed development at Church Lane. We have today submitted it to the NFNPA. See the response from Sway Parish Council here


On 30 September we received notification that the application for the development at Church Lane had been submitted to the NFNPA for public consultation (open until 3rd November). The proposal confirms 46 dwellings, ancillary infrastructure, access provisions and associated informal green space and landscaping. There have been some minor adjustments made to the initial proposal which was presented at the public drop-in session on 16th August.


The Planning Committee will be reviewing the application at our next meeting on 11th October. We are pleased that Giles Moir, from the developer, will attend a residents’ drop-in session at the Village Hall from 6:30pm on Monday 25th October. Parish Councillors will also be there. Our final representation to the application will take into account views expressed at this meeting, as well as comments submitted by you directly to the NFNPA portal. It will be discussed at the full Parish council meeting on Thursday 28th October.


This development will have an impact on all residents of Sway and its environs. Please make sure we represent your views by attending the drop-in session on Monday 25th, and/or by submitting your comments to the NFNPA directly, or by contacting the Parish Clerk or any Parish Councillor directly.


Residents were invited to attend a drop-in session at the Jubilee Field Pavilion on Monday 16th August between 4 and 6pm. Over 60 people attended and had the chance to air their views to the developer and architect of the site, and members of the Parish Council. At its meeting on 26th August, the Parish Council resolved to compose a formal response and to seek further information on a number of matters previously raised which remained unanswered.

UPDATE 22 JULY 2021: 
On behalf of Hurst and Hurst Estates Ltd, Chapman Lily Planning is preparing a planning application for the proposed redevelopment of land at Church Lane to provide new homes and informal open space. They are keen to seek the views of local residents to help inform the design and layout of the proposed development. They have setup a website which provides details of the proposed development and invites your feedback and comments.

The address of the website is: https://churchlane.clplanning.co.uk/ 

We urge all residents to give their views.
A public meeting was held in January 2020, which some 70 people attended. A report of that meeting is available by clicking to see the report
  • The development is going ahead – there have been four years of consultation and it is approved by the government’s Planning Inspectors.  This cannot be reversed. 
  • The latest policy and guidance specifically on this site is on page 74 and the map on page 75 of the NFNPA Local Plan 2016-2036. Appended below are screen grab copies of those Church Lane specific items. Any development must adhere to Policy SP25.   
  • It would be most helpful if anyone attending the meeting has read the one side of NFNPA guidance and policy appended below.
  • The full NFNPA Local Plan is available as a pdf from https://www.newforestnpa.gov.uk/app/uploads/2019/09/Local-Plan-2016-2036-finalforweb.pdf and there is a consultation copy in Sway Parish Office or the NFNPA Reception.  All other policies in the Local Plan must also apply.
  • The highest bidder for the site is understood to be a national company who may not know details of the New Forest National Park, so Sway Parish Council plans to contact the winning bidder as soon as details are confirmed, to offer our assistance. 
  • For such a development the first stage is often an ‘Outline Planning Application’ and this is later followed by a full Planning Application. 
  • As the planning process continues typically a first full planning application may be overly optimistic and be refused – and might go to appeal.  At every stage as many Sway residents as possible should send in any comments so as to improve the chances that Sway can influence the planning officer.
  • As full planning permission is granted there will be a number of binding conditions attached to the permission and those will be one of the areas that Sway Parish Council will be considering.  Sway Parish Council might, for instance, be looking to/for:

        - Ensure design adheres to the Sway Village Design Statement (available here).

        - Ensure as much affordable housing for local people (on the waiting list) as possible.

        - Providing a pedestrian link from Jubilee Field through to opposite Westbeams Road (for easier access to the school).

        - Ensuring the maximum environmental and green credentials for all dwellings.

        - Ensuring gardens with native and forest-friendly planting in all dwellings.

        - Better pedestrian traffic access from and along the Church Lane, during and after works.

        - Sufficient parking space for all dwellings – new and existing.

        - Developing the informal green space as forest-friendly and also welcoming to local children.

        - Preserving as many mature trees and hedgerows as possible, including those covered by Tree Preservation Orders (TPO map available here) 

        - Improving utilities in the area for the new housing (such as drainage, sewerage etc.).

The options above are the sorts of matters that Sway Parish Council will be considering, and we welcome thoughts on that range of items.