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Planning appeal decision

Notice varied and upheld20 September 20233278981

The land at the junction of Rownhams Lane, Bracken Road, North Baddesley, Hampshire, SO52 9FP

the “Use of land as a single gypsy pitch for a temporary period of 3 years with new access from Bracken Road

Authority
Test Valley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Harwood A

Main issues, as the Inspector framed them

  • The implications of the development for biodiversity within the site
  • The effect of the development, individually or in combination with other developments, on nutrient outputs and consequently upon the integrity of the Solent and Southampton Water European Designated Site
  • The effect of the development, individually or in combination with other developments, on biodiversity in the area including upon the New Forest Special Protection Area (SPA) and Area of Conservation (SAC)
  • Personal circumstances, Gypsy status and best interests of children in occupation
  • The level of need for gypsy accommodation in the area (how does this affect the weight I give this site in terms of the provision for any unmet need)

What decided it

The significant, unmitigable harm to on-site biodiversity (SINC habitats) outweighed the benefits of gypsy site provision and the appellant's personal circumstances.

The moderate weight given to personal circumstances/best interests of the children and the significant weight given to the unmet need for gypsy site provision were insufficient to outweigh the significant harm to biodiversity and the resulting conflict with Policy E5 and the development plan as a whole.

Plan policies cited: Policy COM13, DPD Policy T1, RLP Policy E5

Judgments cited: Miller Mead v MHLG [1963] 1 A11 ER 459; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.