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Planning appeal decision

Dismissed2 December 20213263132

Land Adjacent to the Recreation Ground, Newton Lane, Barton Stacey, Hampshire, SO21 3RR

Planning appeal 3263132 at Land Adjacent to the Recreation Ground, Newton Lane, Barton Stacey, Hampshire, SO21 3RR (Test Valley Borough Council) was dismissed on 2 December 2021 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: The effect of the proposed use on the character and appearance of the area.

the change of use of land with associated ancillary development to one gypsy and traveller pitch

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Smith D
Postcode
SO21 3RR

Main issues, as the Inspector framed them

  • The effect of the proposed use on the character and appearance of the area
  • Having regard to local development plan policy, whether the location of the proposed use in the Borough is justified
  • Whether the proposed use would adversely affect the integrity of the internationally designated nature conservation sites in the Solent
  • Whether suitable provision would be made for wastewater disposal

What decided it

The proposal would adversely affect the integrity of the internationally designated nature conservation sites in the Solent because mitigation to achieve nutrient neutrality could not be assured, which is an overriding consideration under the Habitats Regulations.

The limited and localised harm to character and appearance, the lack of strong justification for the location in the Borough under Policy COM13, and the inability to assure nutrient neutrality outweighed the contribution to gypsy and traveller accommodation need and the appellant's personal circumstances; the Habitats Regulations provided an overriding consideration preventing the development.

What the Inspector cited

Development plan policies
Policy E1Policy E2Policy COM13Policy E5Policy E7
National Planning Policy Framework
Paragraph 11Paragraph 13Paragraph 24

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 applied

The decision letter

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More decisions in Test Valley

The authority’s record since 2016 · every decision in 2021

  1. Allowed18 June 20266007020
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  3. Allowed10 April 20253354052
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  4. Dismissed12 February 20253335723
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  5. Allowed13 November 20243336616
    Fenstanton, Coley Lane, Chilbolton, Hants, SO20 6AZ

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.