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Notice upheld25 August 20233262226

Land South of Berry Court Farm Solar Farm, Bramley Road, Little London, Tadley, Hampshire, RG26 5EX

Planning appeal 3262226 at Land South of Berry Court Farm Solar Farm, Bramley Road, Little London, Tadley, Hampshire, RG26 5EX (Basingstoke and Deane Borough Council) was dismissed on 25 August 2023 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: Whether there is need for the use alleged in the notice to be in the countryside.

described on the application form as, in summary, the formation of earth bunds around the perimeter of what was a paddock used for the keeping of horses. Summary

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Other minor developments
Inspector
Freer P
Postcode
RG26 5EZ

Main issues, as the Inspector framed them

  • Whether there is need for the use alleged in the notice to be in the countryside
  • The effect of the development on the landscape, and on the character and appearance of the area, including the effect on trees
  • The effect of the development on biodiversity
  • Whether the Council's decision to refuse to grant the LDC was well founded

What decided it

The significant, unmitigated harm to biodiversity (loss of hedgerow and habitat for protected species) and to landscape character and views, which outweighed the social and economic benefits of the caravan storage use.

The economic and social/tourism benefits of the caravan storage facility (NPPF paras 81 and 84(b)) were outweighed by the significant harm to landscape character and biodiversity, so the development was found contrary to the development plan and the Framework overall.

What the Inspector cited

Development plan policies
Policy EP4Policy EM1Policy EM10Policy EM4
National Planning Policy Framework
Paragraph 84Paragraph 81Paragraph 92Paragraph 180Paragraph 8
Judgments
Ewen Developments Ltd v Secretary of State for the Environment [1980] JPL 404; Prengate Properties Ltd (and another) v. Secretary of State for the Environment (and others) (1973) 25 P&CR 311

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.

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The decision letter

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More decisions in Basingstoke and Deane

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld14 September 20263369273
    Flats 1 to 4, 51 & 53 Alexandra Road, Basingstoke, Hampshire, RG21 7RQ
  2. Notice upheld1 September 20263350252
    16 Avon Road, Oakley, Basingstoke, RG23 7DJ
  3. Notice varied and upheld8 May 20263376701
    Highgates, Highclere, Hampshire, RG20 9RQ
  4. Notice varied and upheld8 May 20263376489
    Land at Highgates, Highclere, Hants, RG20 9RQ
  5. Notice upheld11 March 20263343111
    4 Basingstoke Road, Kingsclere, Hampshire, RG20 5NN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.