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Planning appeal decision

Split Decision19 May 20233231762

Land to the east of Little Hatts Recreation Ground, Tickner Close, Botley, Southampton, SO30 2SW

Change of use from agricultural land to [a] mixed use [of] residential and equestrian, retention of barn, hardstanding, gate, fencing, touring van, stable 1 and stable 2 (retrospective). Siting of one static caravan for gypsy and traveller accommodation, dayroom and addition of stable

Authority
Eastleigh Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Saward K

Main issues, as the Inspector framed them

  • the objectives of the development plan for the provision of Gypsy and Traveller accommodation
  • the effect on internationally important nature conservation sites

What decided it

The inability to demonstrate viable utility service provision under Policy DM31 and the inability, following appropriate assessment, to rule out adverse effects on the integrity of the New Forest designated sites from recreational disturbance defeated the residential Gypsy and Traveller element of the scheme.

The benefits of meeting an identified unmet need for Gypsy and Traveller pitches and the appellant's personal circumstances did not outweigh the unresolved harm from lack of viable utility services and undischarged risk to the integrity of the New Forest habitats sites, so the residential use and dayroom were dismissed, while the underlying agricultural and equestrian mixed use and associated operations, causing no identified harm, were permitted.

Framework references: 56, 57, 174, 182

Plan policies cited: Policy DM31, Policy DM11

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Miaris v SSCLG & Bath and North East Somerset Council [2016] EWCA 1564 (Admin); Ioannou v SSCLG & Enfield LBC [2013] EWHC 3945 (Admin), [2014] EWCA Civ 1432; Smith v SSLUHC & Ors [2022] EWCA Civ 1391

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.