A DEVELOPMENT of five new homes, replacing agricultural buildings, has been permitted after it was back before a council planning committee due to 'unforeseen circumstances' of a death. 

An applicant called Mr J Finnegan got permission for the scheme at Casa Aquila Farm, Upton Lane,  in Nursling from Test Valley Borough Council's planning committee in May. 

However, a complication had arisen regarding the need for a section 106 agreement. 

It was permitted by Test Valley Borough Council's southern area planning committee on Tuesday, August 13. 

The applicant's agent Jacob Goodenough told the committee that the legal issues had been resolved and that the application should be permitted. 

Jacob Goodenough (Image: Newsquest)

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In the planning officers' report, it said: “The applicant worked proactively with the council to draft the s106 agreement and complete it before the stipulated date.

“However, it has not been possible to complete the agreement due to unforeseen circumstances, as one of the required signatories has died and the estate has not been granted Probate. It is not yet clear how long it will be for Probate to be granted, but with current times scales published on the gov.uk website it is likely to be a lengthy delay. 

“To avoid refusal of the application, the applicant has agreed to pay all contributions up front and negate the need for a s106 agreement, with all other matters being controlled by appropriately worded planning conditions.”

The scheme was unanimously permitted.