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Notice varied and upheld20 September 20233278981

The Land at the Junction of Rownhams Lane, Bracken Road, North Baddesley, Hampshire, SO52 9FP

Planning appeal 3278981 at The Land at the Junction of Rownhams Lane, Bracken Road, North Baddesley, Hampshire, SO52 9FP (Test Valley Borough Council) was allowed in part (a split decision) on 20 September 2023 by Inspector Harwood A, following a hearing. The main issue, as the Inspector framed it: The implications of the development for biodiversity within the site.

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.

What the Inspector cited

Development plan policies
Policy COM13DPD Policy T1RLP Policy E5
Judgments
Miller Mead v MHLG [1963] 1 A11 ER 459; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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 Test Valley

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

  1. Notice upheld21 September 20263354722
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  2. Planning permission granted30 March 20263334230
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  3. Dismissed18 September 20253354325
    The Log Cabin, Packridge Farm , Packridge Lane, Romsey, SO51 9LL
  4. Notice varied and upheld9 September 20253359449
    Sunrise Farm, Middle Wallop, Stockbridge, Hampshire, SO20 8HR
  5. Notice varied and upheld8 September 20253315612
    Pipe Stock Ltd, 3 Premier Way, Romsey, SO51 9DQ

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.