Test Valley Borough Council Southern Area Planning Committee 15 July 2014

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1 ITEM 10 APPLICATION NO. 14/01282/FULLS APPLICATION TYPE FULL APPLICATION - SOUTH REGISTERED APPLICANT Mr & Mrs G Powell SITE Wellow Wood Paddock, Land East Of Steplake Cottage, Wellow Wood Road, SO51 6EP, WELLOW PROPOSAL Continuation of use of land as a single gypsy plot. AMENDMENTS None CASE OFFICER Miss Katherine Fitzherbert-Green Background paper (Local Government Act 1972 Section 100D) 1.0 INTRODUCTION 1.1 This item is presented to SAPC in order to achieve the statutory timescale for determination of the application. 2.0 SITE LOCATION AND DESCRIPTION 2.1 The 0.21 hectare site is situated in the countryside as defined by the Test Valley Borough Local Plan (June 2006) (TVBLP). It is surrounded on all sides by open countryside/paddocks and is accessed directly off Wellow Wood Road which bounds the southern boundary of the site. A post and rail fence with hedging adjacent currently encloses the site, providing division from the adjacent agricultural land with the field to the rear (north) which is also within the applicant s ownership and used for the grazing of horses. To the west, a hedge/tree belt and area of scrub land separates the site from the nearest residential neighbour (Steplake Cottage). 2.2 Approximately 100 metres away to the north, a public right of way (footpath Number 28) runs parallel to the northern boundary of the plot crossing the aforementioned field used for grazing. This footpath provides a link from Steplake Lane and adjoins Wellow Wood Road further east along the highway. Approximately 170 metres away from the site s northern boundary, the River Blackwater also runs parallel to the site boundary. This feature is within Flood Zones 1, 2 and 3 but the application site itself is only within Flood Zone 1. The site is not situated in or adjacent to any special landscape designation and none of the trees on the site are protected by Tree Preservation Order (TPO). 2.3 Since December 2009, the site has been established as a gypsy plot taking vehicular access from Wellow Wood Road. The site contains two portacabins used as a single mobile home positioned on the western half of the site with the remainder of the land given over to hardstanding and provided for the parking of a touring caravan and vehicles. The site is slightly higher than the adjacent road but is otherwise flat. From the northern boundary, the land rises away from the site in a westerly direction so that from the nearby public footpath it appears to be in a dip.

2 3.0 PROPOSAL 3.1 A temporary personal planning permission was granted in 2011 for the use of the site as a single gypsy plot by the current applicants. This temporary period ceased on the 9 June 2014 therefore this application seeks to retain the use of the land on a permanent basis. It is intended to retain the site as presently laid out containing an access from Wellow Wood Road central to the site with the stationing of a static mobile home to the west and adjacent to the western boundary. The remainder of the plot is to remain as hardstanding and available for the parking of vehicles and any touring caravan. 3.2 The temporary permission provided for the installation of a septic tank within the boundary of the site and also required the static unit to be painted dark grey as to be recessive in the landscape. Native hedgerow planting has taken place to the boundaries of the plot with this application proposing to reinforce that planting to the eastern boundary. 4.0 HISTORY /02695/FULLS Use of land as 2no private gypsy plots. Allowed at appeal 09 June 2011 for a temporary period expiring on the 9 June /00160/FULLS Erection of stable block refused 05 April /01993/FULLS Erection of stable block. Allowed at appeal 13 June CONSULTATIONS 5.1 Planning Policy no objection (comments in summary) Site within the countryside so policy SET03 applies; Gypsy sites are acceptable forms of development in the designated countryside; Policy ESN13 sets out relevant criteria. Criteria a) focuses on whether there is a demonstrable need within the Borough; The Council Gypsy & Traveller Accommodation Assessment (GTAA) (Forest Bus ) confirms an estimated need for 2.5 pitches up to 2017; No sites have been permitted since the study was completed. The principle of permitting a permanent site would help to meet the identified need; The Bridle View appeal decision confirmed an identified need; Para 67 of the appeal decision highlights concerns within the GTAA with regard to the factoring in of temporary permissions when quantifying the level of need; Wellow Wood Paddock was included in the initial baseline of permitted sites and the Council is reviewing whether it should have been included; If the temporary permission were to be excluded it would result in the level of need to 2017 increasing by one further pitch (i.e. 3.5 pitches). Granting permanent permission for this site could help satisfy the increased need without the risk of double counting; Policy DES01 is also relevant with remaining criteria to ESN13 (b-f and h) subject to other special officers;

3 Criterion g) refers to the site being well related to local community facilities. The site whilst in a rural location can access both facilities at Sherfield English to the north (garage/ shop/ post office) and the facilities in West Wellow to the south; Consultation on the Revised Local Plan (Reg 19 draft) closed on Five representations have been made to policy COM13 Gypsy & Travellers. Weight can be applied to the proposed policy given the stage that has been reached although it should be balanced by the comments received ref NPPF para 216; The Council has commenced work on a Gypsy & Traveller DPD. This has yet to be published. The purpose of this DPD is to meet the unmet need within Borough; PPTS emphasises the need to permit sites where there is an unmet need and highlights particular issues for determining planning applications. Government guidance is to seek an increase in the number of sites (in order to have a 5 year supply of sites) whilst protecting the environment; The previous appeal decision of (ref 09/02695/FULLS) is a material consideration and the application should be considered against the same issues; 09/02695/FULLS contained a unilateral undertaking for public open space. If this has been paid, no further contribution is required. Highways No objection Subject to conditions and a financial agreement Landscape No objection There was no landscape objection to the previous application 09/02695/FULLS; This is a very similar application and therefore the landscape also have no objections; There are still views into the site from Wellow Wood Road; If minded to approve, new native hedgerow planting along the north and east boundary should be secured by condition and in keeping with the landscape character and visual amenity; If planting has already been carried out in line with the previous conditions then, wouldn t wish to see any additional planting. 6.0 REPRESENTATIONS Expired None received at time of writing report. 7.0 POLICY 7.1 Government Guidance - The National Planning Policy Framework (March 2012) (NPPF); Planning Policy for Traveller Sites 2012 (March 2012) (PPTS) Policy B: Planning for traveller sites; Policy H: Determining planning applications for traveller sites. 7.2 Test Valley Borough Local Plan (June 2006): SET03 (Development in the Countryside); ENV01 (Biodiversity and Geological Interests); ESN13 (Sites for Gypsies & Travellers); TRA01 (Travel Generating Development);

4 TRA02 (Parking Standards); TRA05 (Safe Access); TRA09 (Impact on Highway Safety); DES01 (Landscape Character); DES02 (Settlement Character); DES05 (Layout & Siting); DES06 (Scale, Height & Massing); DES07 (Appearance, Details & Materials); DES08 (Trees & Hedgerows); DES10 (New Landscaping); AME01 (Privacy & Private Open Space); AME02 (Daylight & Sunlight); AME03 (Artificial Light Intrusion); AME04 (Noise & Vibration); AME05 (Unpleasant Emissions). 7.3 Draft Revised Local Plan (2013) - On the 8 January the Council approved the Revised Local Plan (Regulation 19) for public consultation. The statutory 6 week period of public consultation was undertaken from 24 January to 7 March The Council is currently in the process of acknowledging and analysing all the representations that were received. At present the document, and its content, represents a direction of travel for the Council. The weight afforded to it at this stage would need to be considered against the test included in para 216 of NPPF. It is not considered that the draft Plan would have any significant bearing on the determination of this application. 7.4 Other: Traveller Accommodation Assessment for Hampshire (2013) (TAAH); Test Valley Infrastructure and Developer Contributions Supplementary Planning Document (2009) (SPD); Designing Gypsy and Traveller Sites Good Practice Guide 2008; Test Valley Public Open Space Audit (2012); National Planning Practice Guidance (PPG). 8.0 PLANNING CONSIDERATIONS 8.1 The main planning considerations are: The principle of the development and the need for the proposed site within Test Valley; Gypsy status; The impact of the development upon the character of the area and the landscape setting in terms of the location and design; The effect upon residential amenity; Access, parking provision and highway safety; The effect upon the natural environment (ecology, drainage); Relationship to community facilities and services; and Planning history; Other matters. Principle of development 8.2 The site is located within designated countryside as determined by the Test Valley Borough Local Plan 2006 therefore the starting point is Policy SET03 which seeks the restraint of development. This requirement however has to be read in context, with Policy SET03 stating that development will be permitted if there is an overriding need or if it is of a type appropriate in the countryside as set out in further stated policies which provide exceptions to this principle of restraint. Such stated policies include Policy ESN13 (Gypsies and Travellers) where unlike other residential uses, gives support in principle to the provision of Gypsy and Traveller accommodation in the countryside.

5 Policy ESN13 has a criteria based approach for the consideration of such applications and should also be considered alongside other relevant policies of the Local Plan to address matters such as highway safety, residential amenities, the natural environment and the impact upon the character and appearance of the area. Despite local concern, the local plan policies in fact support, in principle, for the location of the development in the countryside. 8.3 The National Planning Policy Framework (2012) additionally forms a material consideration with a presumption in favour of sustainable development at its heart. Specific government guidance on gypsy and traveller sites is also provided with the associated Planning Policy for Traveller Sites (PPTS) (2012). This guidance sets out the Government s overarching aim to ensure fair and equal treatment for gypsies and travellers in a way that facilities the traditional and nomadic way of life whilst respecting the interests of the settled community, requiring due regard also for the protection of local amenity and the local environment. In a similar manner to the TVBLP, the PPTS, whilst encouraging the reuse of brownfield land, does not preclude gypsy and traveller development in the countryside recognising the inherent difficulties of finding affordable sites in towns and settlements where sites would otherwise be suitable for general housing developments. The PPTS makes it clear however that applications for developments on unallocated sites should be assessed against locally specific criteria, those being relevant contained within policy ESN13. Need for the proposed pitch 8.4 The site has benefitted to date from a temporary planning permission; however it is still necessary to consider the proposal against the continued need for the pitch within the Borough. Turning first to the need or otherwise for the proposed pitch, Policy ESN13 (a) first requires that there is a demonstrable need for the facility to be located in the Borough with no distinction made within the policy as to whether this qualifies a need to meet an identified numerical provision of plots in the Borough or if the need is to be judged on personnel circumstances. Paragraph 22 of the PPTS provides further guidance on the matter of need stating that, Local planning authorities should consider the following issues amongst other relevant matters when considering planning applications for traveller sites: a) the existing level of local provision and need for sites; b) the availability (or lack) of alternative accommodation for the applicants; c) other personal circumstances of the applicant. Notably paragraph 22 states that LPAs should consider criteria a) to c) as opposed to must consider and fulfil all three criteria. In recognising the planning history for this site (which acknowledged the need for this plot in 2011) and the importance given by Planning Inspectors to the case of need in determining appeals for gypsy sites, reference is made to all three in forming a recommendation.

6 a) Existing level of local provision and need for sites 8.5 The Test Valley Borough Local Plan (2006) does not stipulate any numerical provision of pitches which must be provided over the plan period to accommodate the gypsy and travelling community. Furthermore no site has been identified to provide for such persons seeking a permanent or transit base since the appeal decision received in Reference is therefore made to the Travellers Accommodation Assessment for Hampshire (2013)(TAAH) as forming an appropriate assessment of a Borough wide need. This Assessment identifies a current unmet need of 1.5 permanent gypsy and traveller pitches with an estimated need for a further 2.5 pitches by April 2017 and another 3 pitches by April There could also be further needs in the future. The consequence of this identified and existing unmet need is that the Council cannot demonstrate the provision of a 5-year supply of gypsy and traveller sites in the Borough as sought by the PPTS. This matter was identified to be a material consideration by the Inspector to an appeal at Bridle View, Timsbury (app ref 12/02318/FULLS; Appeal ref APP/C1760/A/ ) suggesting also that the absence of any current allocated land.represents a failure of policy. Consistent with the approach of the Inspector to the appeal at this site in 2011 and the appeal at Bridle View, this current unmet need within the Borough is afforded weight. b) Alternative accommodation for the applicants 8.6 This site is subject to a temporary planning permission granted on appeal in 2011 with the Planning Inspector acknowledging, at that time, that there were no alternative locations for the occupants stating that there was a more realistic possibility of other more appropriate sites coming forward during This temporary permission enabled the occupants to remain on the land and not be forced to live in the touring caravan moving from one unauthorised site to another until such times that they were able to acquire and obtain planning permission to live on another site. The provision of alternatives was, at that time, expected to be facilitated by the delivery of a Rural Area Action Plan DPD with a Site Allocations DPD by the end of This programme of documents has since been revised with gypsy accommodation to now be addressed within the Revised Local Plan and the adoption of a Gypsy and Traveller DPD. The purpose of the DPD is to meet unmet need within the Borough, but is not anticipated to be adopted until It is evident that the progression of planning policy as evidenced to the Inspector in 2011 has not been realised with the LPA being no further forward in providing alternative accommodation within Test Valley. Other authorised pitches within the Borough are understood to all be fully occupied, with the Council unable to offer any surplus sites capable of occupation as an alternative to the application site either on a temporary or permanent basis. With the temporary permission now expiring, the application has to be determined against the existing situation with the absence of alternatives given weight within the PPTS and appeal decisions for both this application site and at Bridle View.

7 8.8 The Planning Policy consultation response suggests that weight can also be put to the Revised Local Plan policy COM13 in the determination of this planning application. In this respect, COM13 received only five comments, none of which refer specifically to this site. These comments sought to ensure that the consideration of gypsy and traveller sites has regard to the relationship with heritage assets and biodiversity interests, the lack of consistency with the NPPF and absence of information, the provision of appropriate infrastructure and the absence of need for sites within Chilbolton. Policy COM13, similar to ESN13, remains a criterion based policy (rather than a site allocation) and requires a consideration of need when examining applications for new sites. Given the considerations in paragraphs 8.6 to 8.8, it is appropriate to give weight to the issue of need in determining this application. c) Other personal circumstances 8.9 The PPTS draws reference to the consideration of personal circumstances in the decision-making process. Whilst this is a consideration, there is no statutory or adopted policy requirement for such information to be provided. It is however known that the applicant is the current occupier of the site and intends to remain in occupation with the ethnicity of the family as gypsies not disputed by the Planning Inspector in It is understood that there has been no change in the family composition and circumstances since 2011 and that Mr Powell continues to travel during summer months for a means of gaining income across Hampshire, Wiltshire and Somerset, also frequenting established horse fairs for the purposes of horse trading. The family otherwise remains settled which is common for many gypsy and traveller families, despite a nomadic habit forming part of the cultural identity for gypsy and traveller households. This is attributed to the shortage of available transit sites and stopping places, conditions of tenancy and for purposes of health and education. In recognising this change in lifestyle, the definition of a gypsy or traveller provided within the PPTS does not stipulate any minimum period that should be spent travelling or any minimum level of income that should be derived from a nomadic habit Notwithstanding the family intentions to remain at Wellow Wood Paddock, it is possible for the site to change hands in a similar manner to a brick and mortar dwelling. With the site deemed to be acceptable for permission, it is proposed to omit reference to any personal permission and replace this with an occupancy restriction to ensure the site remains available to members of the gypsy and traveller community only and therefore continues to meet this specific need. It is further seen to be necessary and reasonable to require a continued restriction on the occupancy of the site given the countryside location with the development granted as an exception to development restrictions in the countryside. Matters pertaining to the previous personal/temporary permission granted on appeal are discussed further in paragraphs

8 Impact upon the character and appearance of the area 8.11 The PPTS and Policy ESN13 of the BLP accept that gypsy and traveller sites could be located in countryside areas with the acceptability of the development requiring careful consideration, being mindful of the character and appearance of the area. Criteria b), d), and h) to policy ESN13 coupled with criteria attached to Policy DES01 (Landscape Character) all seek to address issues of impact to the immediate environment, whether this be upon locations recognised for their landscape, conservation, strategic or local value The application site, whilst in the countryside, is not located within the boundary of any national landscape, conservation, ecological or other such designation. The site is relatively small at 0.21ha with mature trees and hedgerows to its boundaries to Steplake Cottage and Wellow Wood Road. None of these trees are protected. When considering the appeal in 2011, the Planning Inspector concluded the site to have actual harm to the character and appearance of the site s rural setting and this would increase were the appeals to be allowed. In determining the appeal, the Inspector found the site to be visible to Wellow Wood Road. However, from the public right of way, it was deemed that the portacabin and touring cabin were very visible and seen in the same field of view as the nearby barn with this giving rise to a continuum of development along this part of Wellow Wood Road. These concerns were sufficient for the Inspector to grant only a temporary permission and for only one of the two plots applied for. It was also a condition of this temporary permission that the static home be painted a dark grey to appear more recessive in the landscape. These works have been carried out Since the grant of permission in 2011, the PPTS and the Good Practice Guide have been published. This later guidance advises that weight should be attached to sites being well planned or soft landscaped in such a way as to positively enhance the environment and increase its openness (PPTS para 24) and that boundaries should be sympathetic to, and in keeping with, the surrounding area as to minimise visual harm. Advice is also given to ensure that pitches are not visually excluded in the landscape thereby to promote inclusion with the surrounding community. This accepts that sites, as with any form of development, can be visible in the landscape, albeit to a level that does not create adverse visual harm to the landscape character of the area In terms of assessing the visual impact of the site since the grant of temporary permission, it is considered that the site has matured into its setting. It does still remain visible to public vantage points, but is no longer considered to be visually intrusive to Wellow Wood Road or to the public right of way. To the highway, the alignment of the carriageway and boundary hedging enables the site to be obscured from view in longer views, being only visible when in closer proximity and at the entrance, particularly when travelling in an east to west direction. The development is therefore not considered to cause harm to wider character and appearance of Wellow Wood Road.

9 8.15 From the public right of way, the visual impact of the development is also benefitting from the new hedgerow planting to the north of the site which obscures views of the hardstanding at ground level. The mobile home and any vehicles on site do remain visible above this hedging, but the harm is considered to have been greatly reduced since the permission was originally granted. The colouring of the mobile home additionally assists with assimilating the development into the landscape with views of this structure very much reduced since It remains that the touring caravan and any vehicles are the most prominent additions on the site at the present time, but in time, views of these will additionally be reduced as the landscaping continues to mature. From the public footpath, the concern raised as to how the development is viewed continuously with the adjacent barn is additionally ameliorated. With further planting proposed to the eastern boundary of the site, the pockets of development will be seen as single entities as opposed to any continuous built form, even in winter views. With the continued imposition of planning conditions to prevent the erection of any further enclosures, buildings or structures on the site, the development is no longer considered to be a discordant and intrusive feature in the landscape which would significantly erode the character and appearance of the area and now accords with policies ESN13 and DES01. Design 8.16 The application seeks to continue the use of the site with retention of the existing hardstanding and the stationing of a mobile home and touring caravan. The siting of these structures is limited to the hardstanding enabling the development to be laid out and contained within a clear enclosure. In considering the effect of these works, the DES policies of the Local Plan are relevant, in particular DES05, (Siting and Layout), DES06 (Scale, Height and Massing) and DES07 (Appearance, Details and Materials). These policies seek to ensure that development can be accommodated without detriment to the distinctive landscape qualities of the area and are of an appropriate layout, siting, scale, massing and appearance. Static and touring caravans 8.17 The application is not supported by any elevational details of the static or touring caravan on the grounds that any caravan brought onto the site will have to conform with the legal definition of a caravan as contained within Section 29(1) of the Caravan Sites and Control of Development Act and Section 13(1) of the Caravan Sites Act This legislation states a caravan to comprise: any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or be being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted. The legislation also imposes size restrictions stating that a caravan which should, when assembled, not exceed 20m (65ft) in length exclusive of any drawbar, 6.8m (22ft) in width, contain an internal floor height of 3.05m (10ft) and not comprise of more than two sections.

10 8.18 In determining the previous appeal at this site, the Inspector deemed it necessary to require the static mobile home to be painted in a dark grey colour to assimilate its presence into the landscape. It is proposed to continue this requirement through the imposition of a planning condition to any future replacement static mobile homes on the site. This enables the occupant the flexibility to replace the static mobile home whilst also having regard to the landscape setting. Residential amenities 8.19 The Local Plan contains policies which consider the effect of development upon neighbouring residential amenities, addressing aspects of privacy and private open space (AME01), light (AME02), noise and disturbance (AME04). The existing pitch, whilst in a rural location, is not sited as to abut the boundary with any residential property with the nearest neighbour being Steplake Cottage on the corner of Wellow Wood Road and Steplake Lane. The boundary to this residential property is approximately 65m with a distance of approximately 85m to the facing wall of this dwelling. The separation of the sites also benefits from intervening land and a boundary comprising mature trees and hedgerows. With no concerns raised by the Planning Inspector as to the relationship between these two sites, it remains that the continued use of the land will not have any new significant or unacceptable impact on the amenities of Steplake Cottage in terms of overlooking, loss of light or shadow The temporary planning permission was subject to conditions preventing the installation of noisy equipment or external lighting due to the potential disturbance to the rural amenities of this location. Whilst there is nothing within this application to suggest that such installations are now required, noting also that the applicant has now connected to mains electricity, these conditions are similarly applied to the recommendation. It is therefore considered that the residential use at this site will not give rise to unacceptable harm to residential amenities and is therefore compliant with criterion f) of TVBLP policy ESN13 (Sites for Gypsies & Travellers). Highways 8.21 Policy ESN13 continues with criteria e) addressing aspects of traffic generation to ensure that such sites contain appropriate parking and turning areas. This criterion is considered in conjunction with the relevant TRA policies of the Local Plan that address issues of traffic and land use, examining aspects of highway safety, parking provision, access and site layouts and the impact on the highway network The application seeks permission for one residential pitch therefore it has to be anticipated that the proposal would, for the most part generate domestic vehicle movements. It is also accepted that there would be occasional movements associated with the touring caravan, and lesser so with the mobile home. All movements to and from the site would be taken from the existing access to Wellow Wood Road with no concerns raised to this issue by the Planning Inspector and no change proposed to the level of traffic generation at this site from the continuation of this use. The retention of this site is therefore not considered to be of any new demonstrable harm to the safety of other highway users and accords with policies TRA01, TRA05, TRA06 and TRA09.

11 Parking 8.23 Adequate parking is already provided on the hardstanding to meet the vehicular movements generated by the residential use of the plot. The application also proposes the retention of this hardstanding to meet the continued need which can be secured in perpetuity via a planning condition. The proposal is therefore considered to be compliant with TVBLP policies TRA02 (Parking Standards) and criterion e) of ESN13 (Sites for Gypsies & Travellers. Ecology 8.24 Policy ENV01 seeks to maintain biodiversity interests, with the later NPPF stating that where development would cause significant harm to biodiversity, which cannot be avoided or compensated for, permission should be refused. Criteria b) to ESN13 additionally requires that gypsy caravans are sited to have no detrimental impact upon the immediate environment or areas of significant, landscape, conservation or strategic/local value. The site is not located in any area designated for its ecological importance as to make the location more sensitive or unacceptable, being positioned approximately 170m south of the River Blackwater and approximately 225m south of Sack Copse which are locally designated as a Site of Interest for Nature Conservation (SINC). No concerns were raised by the Inspector as to this relationship and it is considered that this continued use of the site will similarly give rise to no new harm. The proposal therefore accords with criteria b) to ESN13. Flood risk 8.25 The site does sit within proximity to the River Blackwater however the pitch itself is located within an area as determined by the Environment Agency to be within Flood Zone 1 where the flood risk is less than 1 in 1000 years. Therefore whilst residential caravan sites are classed as a vulnerable form of development, relevant national policies relating to development and flood risk contained within the NPPF allow for such developments in Zone 1 with Environment Agency standing advice not requiring any flood risk assessment to be submitted. The proposal accords with policy HAZ02 (Flooding). Drainage 8.26 Policy HAZ03 (Pollution) of the Local Plan ensures that development would not have an adverse impact on adjoining land uses and the natural environment, or pose a risk to health. The site is not on mains drainage and in accordance with Planning Practice Guidance (2014), an on-site package sewage treatment plant has already been installed within the site with an outfall to land also within the applicant s ownership. There is no evidence to suggest that this type of treatment plant would now be unacceptable for the continued use of the site or give rise to any new polluting impact. The development is considered to accord with policy HAZ03 (Pollution). Access to community facilities 8.27 Policy ESN13 (criteria g) states that gypsy and traveller sites should be well related to community facilities with the Good Practice Guide also ensuring that consideration is given to the relation of sites to the surrounding community,

12 ensuring scope for an integrated coexistence. The location of the site in relation to community facilities was considered within the original application at this site and again at appeal with the Inspector finding the development to not conflict with criteria g. Since 2011, the site is not considered to now be any more disadvantaged or remote from community facilities from when it was originally considered, with the TV Access Plan (2012) recognising that accessibility to services in the rural areas is quite poor with households located further away from key facilities than both the rural county and regional averages. With this site continuing to provide only a single pitch, there is no increase in demand upon the local infrastructure from making this site permanent with the occupants being no more disadvantaged in their access to facilities as occupiers of existing housing development in the area The PPTS also indicates that local planning authorities should ensure that sites in rural areas should respect the scale of, and not dominate the nearest settled community. The proposal is for a single pitch therefore does not numerically dominate the number of existing properties in Wellow or even within Wellow Wood Road. Furthermore, the extent of land given over to the proposed pitch is not disproportionate in size in relation to existing curtilages in the area. The proposal is therefore considered to accord with criteria g) to ESN13. Loss of high quality agricultural land 8.29 Criteria c) to policy ESN13 requires that high quality agricultural land is not lost to a gypsy pitch. Examination of Natural England s Agricultural Land Classification mapping for London and the South East suggests that the broad area within which the site is located is of a Grade 3 (good to moderate) quality. Therefore, whilst there would be some permanent loss of land given over to the pitch, this only forms a small portion of the overall land in the applicant s ownership and is not a total loss of local agricultural land, with the remaining area available for such a use. The proposal therefore accords with policy c) to ESN13. Business use 8.30 The application seeks planning permission for a residential use only with no reference in the application to suggest that business activities are to take place at the site. Given the rural location and the views of the land from the public footpath, it is considered reasonable to protect the character and appearance of the area by preventing any business uses subsequently occurring. As such, the recommendation contains a planning condition to prevent commercial activities (or related storage) taking place at the site. Future Expansion of the site 8.31 The original permission at this site in 2009 sought to provide for two pitches on the land but with the Planning Inspector subsequently only permitting a single pitch for a temporary period. Whilst the site has always been laid out with space to accommodate two pitches, the pitch numbers have remained compliant with the temporary planning permission. Given the countryside location, potential for harm to the landscape, size of the site and its potential capacity, it is considered reasonable to impose a planning condition to require the site to remain as providing a single pitch only.

13 Temporary planning permission 8.32 This report identifies that the Borough has an existing unmet need for gypsy and traveller sites and cannot demonstrate an up-to-date five year supply of deliverable sites. Weight has to be afforded to this deficiency in provision. The site has also had a temporary and personal permission granted for a period of 3 years during which the Planning Inspector envisaged that the local planning process could bring forward alternative sites for gypsy pitches. This process is not sufficiently advanced to enable alternative solutions to be offered. Consideration has therefore been given to granting a further temporary permission which would need to be sufficient to enable Gypsy and Traveller Sites DPD to reach adoption and for permission to be sought and implemented on any new allocated sites The consideration of a further temporary permission is mindful of the Inspector s conclusions and the identified harm to the landscape from the site as it appeared in This however has to be balanced against advice contained within the Planning Practice Guidance (2014) which advises that it will rarely be justifiable to grant a second temporary permission further permissions should normally be granted permanently or refused if there is clear justification for doing so (para 014). In being mindful of this advice, weight is given to the current landscape impact of the proposal. It is concluded that the site is less visually apparent due to the boundary planting which provides a good level of enclosure from the surrounding land uses. Furthermore the site does not appear incongruous to longer views from both Wellow Wood Road and the public Right of Way and has no frontage to Steplake Lane. Any filtered views of the site will also continue to diminish as the existing landscaping continues to mature. It is therefore considered inappropriate to grant another temporary permission. Personal permission 8.34 The Planning Inspector in granting a previous temporary permission, also made this personal to the current occupants of the..in view of their personal circumstances and the realistic possibility of other more appropriate sites coming forward in As already discussed, no such sites have come forward. In recommending permanent permission for the development, the site is to remain subject to an occupancy condition, albeit removing the personal element which is consistent with the advice provided by the Planning Practice Guidance (2014). This guidance reinforces that..planning permission runs with the land and it is rarely appropriate to provide otherwise. Mitigation measures 8.35 The proposal involves a net gain in the number of permanent households in the area therefore in accordance with policy ESN22 (Public Recreational Open Space Provision) a contribution is required towards public open space provision and also offsite highways infrastructure. The original application for this site was accompanied by a unilateral undertaking to address the development s off-site impacts on the local transport infrastructure and public open space provision within the local area, including at Romsey Road or Lower Common Road West Wellow and footway improvements in Sherfield English.

14 This unilateral agreement was assessed by the Planning Inspector against the CIL 2010 Regulations and deemed to be relevant to planning; necessary to make the development acceptable in planning terms; directly related to the development; fairly and reasonably related in scale and kind and reasonable in all other respects. Notwithstanding this, the Planning Obligation was to only come into force in the event that a permanent planning permission is granted. It is therefore necessary for this agreement to be secured against this current application with the same projects remaining applicable. 9.0 CONCLUSION 9.1 The NPPF and PPTS indicate a presumption in favour of sustainable development, recognising also that there is a shortage of sites to accommodate permanent and transit needs of the gypsy and travelling community. This national guidance has been considered in conjunction with local planning policies, the conclusions of the Planning Inspector in 2011 and the present impact of the site upon the landscape character three years later. It is concluded that weight should be given to the outstanding need for the site, and that this site would help to meet this need with the maturity of the landscaping and colouring of the mobile home ameliorating the harm found by the Inspector in 2011 to an acceptable level. The proposal is therefore recommended for permanent permission RECOMMENDATION 10.1 Delegate to the Head of Planning & Building Service for the completion of an undertaking pursuant to Section 106 of the Town and Country Planning Act 1990 by Tuesday 22 July 2014 to secure financial contributions toward public open space and off site highway works and then (A) PERMISSION subject to: 1. The site shall not be occupied by any persons other than Gypsies and Travellers as defined in Annex 1 of the Communities and Local Government Guidance Planning Policy for Traveller Sites (March 2012). Reason: In order to ensure that the site will contribute towards an identified need for gypsy and traveller sites in Test Valley in accordance with the National Planning Policy Framework (March 2012) and Planning Policy for Traveller Sites (March 2012) and Policies SET03 and ESN13 of the Test Valley Borough Local Plan No more than two caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which only one shall be a static or mobile home) shall be stationed on the site at any time. The caravans shall be sited in accordance with the approved plan. No further caravans, including touring caravans or additional portable buildings, shall be stationed on the site.

15 Reason: In the interests of the countryside location, the character and appearance of the area and to accord with the National Planning Policy Framework (March 2012), Planning Policy for Traveller Sites (March 2012) and the Test Valley Borough Local Plan (June 2006) policies SET03 (Development in the Countryside), DES01 (Landscape Character) and AME04 (Noise & Disturbance). 3. No external lighting shall be installed at the site without details having been first submitted to and approved in writing by the Local Planning Authority. Any external lighting is to be installed in accordance with the approved scheme. Reason: In the interests of the countryside location and the landscape, residential and visual amenities of the area in accordance with Test Valley Borough Local Plan (June 2006) policies SET03 (Development in the Countryside), DES01 (Landscape Character), and AME03 (Artificial Light Intrusion). 4. No fences, walls, other boundary features shall be placed or erected within the site other than those hereby permitted and already erected on the land. Reason: In the interests of the countryside location and in accordance with the National Planning Policy Framework (March 2012), Planning Policy for Traveller Sites (March 2012) and Test Valley Borough Local Plan (June 2006) policy SET03 (Development in the Countryside). 5. The space laid out for the parking and manoeuvring of vehicles to enable them to enter and leave the site in forward gear in accordance with the approved plan and this space shall be reserved for such purpose at all times. Reason: In the interests of highway safety in accordance with Test Valley Borough Local Plan (2006) policies TRA02 (Parking Standards), TRA05 (Safe Access) and TRA09 (Impact on the Highway Network). 6. No vehicle over 3.5 tonnes shall be stationed or stored on the land and no vehicles shall be stationed or stored other than within the area as hatched black on the approved plan. Reason: In the interests of the countryside location and in accordance with the Test Valley Borough Local Plan (June 2006) policy DES01 (Landscape Character). 7. There shall be no storage of any hazardous substances on site, including LPG cylinders, without prior written approval from the Local Planning Authority. Reason: To ensure the safe storage of hazardous substances in accordance with Test Valley Borough Local Plan (June 2006) policy HAZ05 (Hazardous Installations). 8. No generators shall be used on the site until details including numbers, location, hours of use and noise attenuation measures have been submitted to and approved in writing by the Local Planning Authority. Any such generator use shall be installed and used in accordance with these approved details.

16 Reason: In the interests of the character and amenities of the area in accordance with Test Valley Borough Local Plan (June 2006) policy AME04 (Noise & Vibration). 9. No business or commercial activities, including the storage of materials relating to any business or commercial activity shall take place on the land. Reason: To protect the character and appearance of the area, the amenities of neighbouring residential properties and in accordance with the National Planning Policy Framework (March 2012), Planning Policy for Traveller Sites (March 2012) and Test Valley Borough Local Plan (June 2006) policies SET03 (Development in the Countryside) and DES01 (Landscape Character). 10. Any static caravan or mobile home to be permanently sited on the plot shall be painted a dark grey colour. Reason: In the interests of the countryside location and the landscape, residential and visual amenities of the area in accordance with Test Valley Borough Local Plan (June 2006) policies SET03 (Development in the Countryside) and DES01 (Landscape Character). Notes to applicant: 1. The development hereby permitted shall be carried out and completed strictly in accordance with the submitted plans, specifications and written particulars for which permission is hereby granted or which are subsequently submitted to, and approved in writing by, the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority. 2. The decision to grant planning permission has been taken because the development is in accordance with the development plan and would have no significant impact on the character and appearance of the area or the residential amenities of the occupants of adjacent dwellings. This informative is only intended as a summary of the reason for the grant of planning permission. For further details on the decision please see the application report which is available from the Planning Service. 3. In reaching this decision Test Valley Borough Council (TVBC) has had regard to paragraphs 186 and 187 of the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions. TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions. 4. In reaching this decision, Test Valley Borough Council (TVBC) has had regard to paragraphs 186 and 187 of the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions.

17 TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions. 5. Please note that this decision does not grant permission for the siting and retention of the shed on site positioned between the mobile home and the boundary hedge to Wellow Wood Road (B) ALTERNATIVE RECOMMENDATION In the event that the legal agreement is not completed by Tuesday 22 July 2014 then DELEGTE to the Head of Planning for REFUSAL for the following reason: 1. The proposed development fails to make provision in the form of a contribution towards public open space provision as mitigation against an identified deficiency in the quality of existing public open space in the locality and off site sustainable highway measures which are necessary to make the development acceptable in planning terms. It is therefore considered to be contrary to Test Valley Borough Local Plan (June 2006) Policy ESN22 (Public Recreational Open Space Provision), policy TRA04 (Financial Contributions to Transport Infrastructure) and the Test Valley Infrastructure and Developer Contributions Supplementary Planning Document (2009).

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