Planning appeal decision
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.
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