Agenda item

APPLICATION NO.

22/02694/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

14.12.2022

APPLICANT

Messrs Nolan and Quinn

SITE

Land at Embley Lane, Embley Lane, East Wellow,  WELLOW

PROPOSAL

Change of use of land as a travellers caravan site consisting of 3 pitches, each containing 1 mobile home, 1 utility dayroom and 1 touring caravan, sewage treatment plant and associated development

AMENDMENTS

Amended plans received 29/03/23 & 09/05/23

CASE OFFICER

Mr Paul Goodman

Delegated to Head of Planning & Building for completion of satisfactory consultation with Natural England and the addition/amendment of relevant conditions, and/or legal agreement/direct contributions to secure;

·  Submission of evidence that sufficient mitigation measures have been secured to enable the development to achieve nutrient neutrality.

• New Forest SPA contribution.

Then PERMISSION subject to:

1.

The development hereby permitted shall be begun within three years from the date of this permission.

Reason:  To comply with the provision of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.

The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1: Glossary of Planning Policy for Traveller Sites (or any subsequent definition that supersedes that document).

Reason: It is necessary to keep the site available to meet that need in accordance with Test Valley Borough Revised Local Plan (2016) Policy COM13.

3.

No more than six caravans, as defined by the Caravan Sites and Control of Development Act 1960 and the Caravan Site Act 1968 as amended, shall be stationed on the site at any one time, comprising no more than three static and three touring caravans.

Reason: To accord with the terms of the application and to ensure satisfactory planning of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policy COM13.

4.

No commercial, industrial or business activities shall take place on any part of the site, including the storage of materials and goods.

Reason: In the interests of neighbouring amenity and to ensure the protection of this countryside location in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1, E2 & LHW4.

5.

No vehicle over 3.5 tonnes shall be stationed, parked or stored on the site.

Reason: To accord with the terms of the permission and in the interests of protection of this countryside location in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1, E2 & LHW4.

6.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure (other than those permitted by this permission) shall be erected within the or on the site.

Reason:  In order that the Local Planning Authority can exercise control in the locality in the interest of the local amenities and to ensure the protection of important boundary features in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1 & E2.

7.

No development shall take place until full details of hard and soft landscape works have been submitted and approved. Details shall include:

1)  Hard surfacing materials;

2)  Planting plans;

3)  Written specifications (including cultivation and other operations associated with plant and grass establishment);

4)  Schedules of plants, noting species, plant sizes and proposed numbers/densities;

The landscape works shall be carried out in accordance with the approved details.

Reason:  To enable the development to respect, complement and positively integrate into the character of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policies E1 and E2.

8.

The Day Room buildings hereby permitted shall be used for purposes ancillary to the use of the land as a gypsy and traveller site and shall not be occupied as a permanent means of habitable accommodation at any time or used for any commercial activities.

Reason: To comply with the terms of the application and to protect the amenities and character of the area in accordance with Test Valley Borough Revised Local Plan (2016) Policy COM13.

9.

Prior to the commencement of development the visibility splays, as shown on the approved plan TV/AJW/725/1/002 shall be provided. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) these visibility splays shall be maintained in accordance with the approved details at all times.

Reason: In the interest of highway safety in accordance with Test Valley Borough Revised Local Plan (2016) Policy T1

10.

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

  TDA.2803.01 A

  TDA.2803.02

  TDA.2803.03 E

  TDA.2803.04

  TV/AJW/725/1/002

  16474-HYD-XX-XX-SK-S-0001 P1

Reason:  For the avoidance of doubt and in the interests of proper planning.

11.

Details of any external lighting shall be submitted to and approved in writing by the local planning authority prior to first installing any such lighting. External lighting will need to be in accordance with measures outlined within the Bat Conservation Trust and the Institute of Lighting Professionals (Guidance note 08/18 Bats and artificial lighting in the UK). Development shall be carried out in accordance with the approved details.

Reason:  To ensure the favourable conservation status of protected species in accordance with Policy E5 of the Test Valley Revised Local Plan DPD.

12.

Development shall proceed in accordance with the measures set out in the Preliminary Ecological Appraisal (Pro Vision Ecology, Jan 2023). Thereafter, the mitigation and enhancement measures shall be permanently maintained and retained in accordance with the approved details.

Reason:  To ensure the favourable conservation status of protected species in accordance with Policy E5 of the Test Valley Revised Local Plan DPD.

13.

No development shall take place (including site clearance and any other preparatory works) until a scheme for the protection of trees to be retained has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location and specification of tree protective barriers.  Such barriers shall be erected prior to any other site operations and at least three working days’ notice shall be given to the Local Planning Authority that it has been erected.

Note:  The protective barriers shall be as specified at Chapter 6.2 and detailed in figure 2 of B.S.5837:2012 unless otherwise agreed in writing with the Local Planning Authority.

Reason:  To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with Test Valley Borough Revised Local Plan policy E2 (2016).

14.

Before the development hereby permitted is commenced details, including plans and cross sections, shall be submitted to and approved by the Local Planning Authority of the existing and proposed ground levels of the development and the boundaries of the site and the height of the ground floor slab and damp proof course in relation thereto of the day rooms. Development shall be undertaken in accordance with the approved details.

Reason:  To ensure satisfactory relationship between the new development and the adjacent buildings, amenity areas and trees in accordance with Test Valley Borough Revised Local Plan (2016) Policy E1.

15

The existing stable shall only be used for private equestrian purposes and not for any commercial riding, livery use or other business use.

Reason: To enable the Local Planning Authority to regulate and control the development of land and to preserve the visual amenity of the area in accordance with Policies E1 and E2 of the Test Valley Borough Revised Local Plan (2016).

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.

In reaching this decision Test Valley Borough Council (TVBC) has had regard to 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.