®Planning appeal decision
Land to the East of Little Hatts Recreation Ground, Tickner Close, Botley, Southampton, SO30 2SW
Planning appeal 3231762 at Land to the East of Little Hatts Recreation Ground, Tickner Close, Botley, Southampton, SO30 2SW (Eastleigh Borough Council) was allowed in part (a split decision) on 19 May 2023 by Inspector Saward K, following a hearing. The main issue, as the Inspector framed it: the objectives of the development plan for the provision of Gypsy and Traveller accommodation.
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
- Postcode
- SO30 2SW
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.
What the Inspector cited
- Development plan policies
- Policy DM31Policy DM11
- National Planning Policy Framework
- Paragraph 56Paragraph 57Paragraph 174Paragraph 182
- Judgments
- 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
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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More decisions in Eastleigh
The authority’s record since 2016 · every decision in 2023
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- Split Decision30 September 20253361911Broadway Farm Broad Oak, Botley, Southampton, SO30 2EU
- Dismissed20 December 20243350858Land off Cobbett Way, Botley, SO30 2ET
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.