Inquiry Overview

Following the decision to refuse application F/17/81707 for planning permission for Land to the East of Little Hatts Recreation Ground on 27 March 2017, and the issuing of two enforcement notices on 3 June 2019. The applicants appealed the decision and the enforcement notices and an Inquiry has been set for 17 January 2023. This Inquiry is scheduled to sit for three days. The Inspector appointed for the Inquiry is K Saward, Solicitor.

The proposal in relation to application F/17/81707 and appeal reference APP/W1715/W/19/3231764 comprises:

‘Change of use from agricultural land to mixed use residential and equestrian, retention of barn, hardstanding, gate, fencing, touring van, stable 1 and stable 2 (Retrospective). Siting of one static caravan for gypsy and traveller accommodation, dayroom and addition of stable (3). (Amended Description).’

The application was a full application meaning that all matters were to be considered. The application was refused for five reasons including:

• it was not demonstrated that the occupant met the definition of a Gypsy or Traveller therefore the proposal represents unjustified residential development outside of the Urban Edge
• no justification for the size of the day room proposed and it is considered to be tantamount to an additional dwelling
• it cannot be ensured that the development provides access that would not interfere with the safety, function and standard of service of the road network
• increased recreational pressure from the additional dwelling on site would have an unmitigated and harmful impact on the Solent Special Area of Conservation (SAC) and Special Protection Area (SPA)
• the use of the cess pit has not been adequately assessed in relation to the impact on the catchment area that serves the River Hamble Special Area of Conservation and Special Protection Area and it has not been demonstrated that more sustainable methods of foul
• water disposal could be utilised that would have a lesser impact on water quality. The impact is therefore considered likely to have an unacceptable impact on a European Designated site.

Appeals have also been brought against the Material Change of Use Enforcement Notice on grounds (d), (b), (c), (a), (f) and (g) reference APP/W1715/W/19/3231762; and against the Operational Development Enforcement Notice on grounds (a) and (g) reference APP/W1715/W/19/3231763.

The appeal against the refusal of planning permission is brought under section 78 but it is important to note that the reasons for refusal of the planning permission are more extensive than the reasons for issuing either of the ENs with the consequence that the section 78 appeal addresses issues not raised in either of the ground (a) appeals.

On 5 May 2022, the Local Council received a letter from The Planning Inspectorate (PINS) for this appeal stating the appeal process had started and that it would be dealt with as an Inquiry.

All appeal documents will be uploaded to this dedicated area of the website, including Core Documents. Any documents submitted during the Inquiry will also be uploaded.

If you have any questions relating to the Inquiry or if you require any of the documents in a different format, please email planning@eastleigh.gov.uk