®Planning appeal decision
Land adjacent to the recreation ground, Newton Lane, Barton Stacey, Hampshire, SO21 3RR
the change of use of land with associated ancillary development to one gypsy and traveller pitch
- Authority
- Test Valley Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Smith D
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.
Framework references: 11, 13, 24
Plan policies cited: Policy E1, Policy E2, Policy COM13, Policy E5, Policy E7
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.