The Calleva Society

Land Adjacent to and Rear of Culhams Mill, Little London Road, Silchester, Hampshire

OBJECTION / REPRESENTATION TOOLKIT NOTE

INTRODUCTION

This short ‘toolkit note’ sets out the details which should enable any member of the public or interested party to make an objection (or ‘representation’) to the planning application for the gypsy and traveller site at Culhams Mill, Silchester.

This toolkit note is not intended to be used as a letter template. What it is intended to do is provide the reader with the necessary information and details so that they can draft their own objection letter to the Council while referring to the relevant policies and material considerations against which the application will be determined. To do this, it sets out, in the following distinct sections, the range of information which any such letter should, could and should not contain:

Section 1: Details you could include (template objection letter)

Section 2: Additional Information

Section 3: Details you could include (planning policy and material considerations)

Section 4: Details that are not likely to be relevant (‘non-material’ planning matters)

In addition to these sections, further detailed information is provided in the following Appendixes. It is not necessary to use or refer to these, but they provide further technical information that which the reader might like to draw from in their objection:

Appendix 1: Technical planning constraints

Appendix 2: Relevant Local Plan planning policies

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SECTION 1: DETAILS YOU MUST INCLUDE (TEMPLATE OBJECTION LETTER)

You can either:

1. Write to Basingstoke & Deane Borough Council, based on the template below (and further details in following sections) if you wish; or

2. Visit the Basingstoke & Deane Borough Council planning applications on-line website at the following address: https://planning.basingstoke.gov.uk/online-applications// input the planning application reference number (see below) and register to make a objection on-line based on your reasons for objection:

[Date]

Gregg ChapmanPlanning and DevelopmentBasingstoke and Deane Borough CouncilCivic OfficesLondon RoadBasingstokeRG21 4AH

Dear Mr Chapman

OBJECTION TO PLANNING APPLICATION 17/00653/RET

The primary reasons for making this objection are that this development is in direct contravention of various policies of the Basingstoke & Deane Borough Council Local Plan 2011-2029, the Government’s Planning Policy for Traveller Sites (PPTS) and the National Planning Policy Framework.

The site is located in the open countryside, not identified as a site in the Local Plan, where the PPTS paragraph 25 states new gypsy and traveller site development is very strictly limited. Local Plan Policy CN5 makes clear that only suitable and sustainably located gypsy and traveller sites will be permitted, including a presumption against development within nationally recognised designations. The site is neither suitable nor sustainable and is wholly inappropriate for an area within the AWE Detailed Emergency Planning Zone; at risk of flooding; and including part of a Site of Special Scientific Interest. The development already undertaken on this Greenfield site without planning permission has already detrimentally impacted: a Site of Special Scientific Interest; a valued landscape, trees, drainage conditions and important biodiversity.

I support the resolution of Silchester Parish Council to OBJECT for the following reasons:

1. The plan and plot layout as identified and submitted in this retrospective application is inconsistent the current actual layout on the site. The former indicates the site does not impinge on the Site of Special Scientific Interest, nor the flood risk area, nor lie under a power line, although satellite imagery shows this is clearly the case.

2. The unauthorised site does not meet the locally specific policy tests for the location of gypsy and traveller sites as set out in Local Plan Policy CN5 as there is no identified need or justification to release this site and 13 plots, day rooms, hardstanding and access road in the open countryside, or lack of alternatives to justify development within the open countryside and a Site of Special Scientific Interest.

3. The development represents a severe risk to highway safety to all users, both at the junction of the site access with the Public Right of Way, and the junction with Little London Road with insufficient visibility in both directions, contrary to Local Plan Policies CN5(d) and CN9. Improvement schemes would be impossible at this junction within land under the control of the applicant or the local highway authority.

4. There is a lack of social facilities with capacity such as schools, health services, shops etc.

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within reasonable distance of the site contrary to Local Plan Policy CN5(c).

5. Services and facilities can only be accessed using a car as there is no safe or convenient pedestrian access, whereby the strong sense of physical and functional isolation means there is no integration between the travelling and settled community. The development would also be enclosed with extensive hardstanding and fences whereby the site and occupants are deliberately isolated from the rest of the community. The proposals are contrary to Local Plan Policies CN5(c)(d)(g) and CN9.

6. The site lies within an area at risk of flooding and as such is not appropriate for residential development. The extensive hardstanding already imported and laid out has impacted on drainage conditions and water quality, increasing the risk of flooding, contrary to Local Plan Policies CN5, EM6 and EM7.

7. Being less than 3km from the Aldermaston Atomic Weapons Establishment (AWE), the site is within the Detailed Emergency Planning Zone (DEPZ) of that facility and the site is not safe for use as gypsy and traveller accommodation, contrary to Local Plan Policies CN5 and SS7.

8. A site of this scale, if approved, would represent the largest gypsy and traveller site in the Borough, would dominate the nearest settled community of Silchester and would not lead to appropriate integration between the settled and travelling communities, contrary to Local Plan Policy CN5.

9. The adverse impact on nature conservation and biodiversity, in particular the site is partly within both a Site of Special Scientific Interest and a designated Priority Habitat. Parts of these habitats have been destroyed by the unauthorised development. No ecological surveys have been submitted in support of the application and this issue has not been adequately considered. The proposals conflict with Local Plan Policies CN5 and EM4.

10. The adverse visual impact of the use, proliferation of domestic paraphernalia and day rooms would be substantial, with a harmful change to the character of the land, contrary to Local Plan Policies CN5, EM1 and EM10.

11. Trees on the site have already been felled without a License, leading to harm to the valued landscape character of the area. The unauthorised development and any further felling of trees would only make this impact worse, contrary to Local Plan Policy EM1(e).

12. There would be adverse residential amenity conditions for occupants of the site due to the adjacent sewage treatment works, industrial site and overhead cables, contrary to Local Plan Policies CN5(b) and EM12. Additionally, this site had been used for many years as a site for clay pigeon shooting, most likely resulting in significant deposits of lead shot on the site.

13. Inadequate on-site facilities will be provided for the 13 plots impacting on the living conditions of future occupants contrary to Local Plan Policy CN5(e), for example, there is no green space within the proposed development.

14. The site cannot be adequately and appropriately connected to local infrastructure. Furthermore, an overhead power line extends across the site and easement restrictions are not respected, contrary to Local Plan Policies CN5 and CN6.

15. The impact of contamination on a sensitive residential land use arising from previous uses of the land, including as a clay pigeon shooting range, and the recent importing of unregulated material has not been assessed, contrary to Local Plan Policy EM12.

16. The development has potential to impact upon non-designated heritage assets of archaeological interest associated with the former Roman town of Calleva Atrebatum, contrary to Local Plan Policy EM11.

17. Granting permission would establish a precedent that is likely to lead to harmful intensification and extension of the use onto other land around the application site, including that identified in blue where unauthorised development has been undertaken, making it difficult for the Council to resist future applications and exacerbating the social and environmental harms.

Yours sincerely

[Your name]

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SECTION 2: ADDITIONAL INFORMATION

Issue/ nature of objection

Additional detail on point of objection

Gypsy siteDoes not meet the Local Plan policy tests

Based on the reasons below, the criteria set out in Local Plan policy CN5 (gypsy and traveller site) are not complied with. Including:

There is no identified need for this provision of pitches. The natural environment and local amenity is adversely impacted. The site is not within a ‘reasonable distance’ of local services, and

those services do not have adequate capacity. Access to the highway is neither safe nor reasonable, and access

to sustainable transport options is very limited. Inadequate facilities are provided on-site for future residents. Given the location and enclosed nature of the site, it will not lead to

successful integration between travelling and settled communities.Infrastructure

Highway safety Highway issues will be subject to technical analysis. However, it would be reasonable to state that:

(i) at the junction of the site access with the Public Right of Way (Silchester; Routeno.3) there will be conflict between vehicle users and pedestrians; and

(ii) there will be a substantial increase in the vehicular use of the junction between that Public Right of Way and Silchester Road.

The lane between the site and Little London Road is not a public highway meaning no mitigation is deliverable on land outside of the Applicant’s control and not in public ownership. The application site does not extend to this public highway, where visibility is very poor – there is a road almost opposite which joins Silchester Road at that point resulting in that being a potentially dangerous staggered crossroads. The residual highway impacts of the scheme are therefore severe.

Deficiencies in social facilities

Related to the above, the site is not within walking distance of any social facilities with capacity and does not lie within reasonable distance of local services (as required by Local Plan Policy CN5) such as schools, health services, shops and community facilities. As such, the site is not sustainable or suitable in transport terms, with poor accessibility to public transport.

Flooding and surface water issues

Whilst the part of the site which is within the designated flood plain is shown to be outside of the application site (as ‘blue land’), the governments long term flood risk maps show that the site is at risk from surface water flooding and as such within an area at risk of flooding (see Appendix 1, Maps 4 and 5).

Local Plan Policy EM7 requires that for proposals: “… within areas of flood risk from any source,” (i.e. including surface water flooding), will only be acceptable if: (i) are supported by a Flood Risk Assessment; (ii) the benefits outweigh the risk of flooding when applying the sequential test and exception test.

The need for a Flood Risk Assessment is triggered, and that technical information is currently being considered.

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Capacity of local infrastructure

There is no evidence that the site can be adequately and appropriately connected to water/ electricity/ gas supply services. Given the site’s isolated location, these are material considerations which need to be resolved before any decision can be made on the planning application.

Location of siteResidential amenity

Given the proximity of the site to the sewage works, there are likely to be odour issues arising for the occupants of the site. Contamination risks are also relevant considerations given the past use of the site as a clay pigeon shooting range and potentially unregulated imported material onto the site.

Within the AWE DEPZ

Being less than 3km from the Aldermaston Atomic Weapons Establishment (AWE), the site is within the Detailed Emergency Planning Zone (DEPZ) of that facility.

This reason alone was given as the reason for refusal for gypsy/traveller accommodation by Basingstoke and Deane B.C. in September 2016 at land to the north of Pelican Road, Pamber Heath, Hampshire (under application reference no. 15/02627/FUL).

Isolated site The site is isolated, being surrounded on three sides by open countryside and on the fourth by the sewage works beyond which is open countryside. The isolation of the site in combination with the extensive fencing ensures the site and future occupants are deliberately isolated from the rest of the community.

Scale The site will represent the largest authorised or unauthorised gypsy and traveller site in the Borough. A site of this scale would lead to new occupants dominating the established settled community of Silchester, which is not a sustainable location for growth. Given its location, would not lead to appropriate integration between the existing community and the new inhabitants.

Archaeology The development has potential to impact upon non-designated heritage assets of archaeological interest associated with the former Roman town of Calleva Atrebatum. Pre-determination trial evaluation must be undertaken and the impacts assessed.

Nature conservation and visual impactNature conservation and biodiversity

Part of the site falls within a Site of Special Scientific Interest (SSSI, see Appendix 1, Map 2). This offers the site protection for its ‘outstanding interests in respect of flora, fauna, geology or limnology’

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under the Wildlife and Countryside Act 1981.

One of the 13 traveller plots (in the north-west corner) is shown to be within the SSSI. The remainder of the site is adjacent to the SSSI and the impacts of development must be considered. Under Local Plan policy EM4, significant harm will need to be avoided to biodiversity and geodiversity in order for the proposal to be acceptable. In addition, a further part of the site is designated by Natural England as a Priority Habitat (Map 3).

Landscape character and loss of trees

Trees on the site have already been felled, leading to harm to the landscape character of the area. Any further felling of trees would only make this impact worse. The impact of the development on retained trees also needs to be assessed.

Visual impact The visual impact would be significant, with a complete change to the character of the land. The adverse visual impact of the use, proliferation of domestic paraphernalia and day rooms would be substantial, with a harmful change to the character of the land. The views from the Public Right of Way and other informal routes through the surrounding valued countryside would be significantly adversely impacted.

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SECTION 3: DETAILS YOU COULD INCLUDE (PLANNING POLICY AND TECHNICAL MATTERS)

1. PLANNING POLICIES

The Local Plan is an important planning document. Each local authority has its own Local Plan document. It is an important document because by law, planning applications are required to be determined in accordance with the Local Plan unless there are ‘other material considerations’ which would justify a different decision.

However, any objection does not have to include reference to the Local Plan in order to be valid – objections on the grounds of the ‘material considerations’ above would be sufficient.

At a national level, the following guidance documents are important:

National Planning Policy Framework (NPPF) –sets out the governments planning policies for England and how these are expected to be applied. It advises that this be read in conjunction with the Government’s Planning Policy for Traveller Sites (as below).

Planning Policy for Traveller Sites (PPTS) – within which Policy C: ‘Sites in rural areas and the countryside’ is most relevant. This advises that: “When assessing the suitability of sites in rural or semi-rural settings, local planning authorities should ensure that the scale of such sites does not dominate the nearest settled community.” With regard to decision taking, this document advises that: “Local planning authorities should very strictly limit new traveller site development in open countryside that is away from existing settlements or outside areas allocated in the development plan. Local planning authorities should ensure that sites in rural areas respect the scale of, and do not dominate, the nearest settled community, and avoid placing an undue pressure on the local infrastructure” (paragraph 25).

The NPPF can be viewed in full - https://www.gov.uk/government/collections/planning-practice-guidance

The PPTS can be viewed in full - https://www.gov.uk/government/publications/planning-policy-for-traveller-sites

The Local Plan for this application site is the Basingstoke and Deane Local Plan (2011 – 2029), adopted May 2016. The LP can be viewed in full at - https://www.basingstoke.gov.uk/planningpolicy

Within this, and based on the above possible reasons for objection, the relevant policies are considered to be:

Landscape (Policy EM1) Biodiversity, Geodiversity and Nature Conservation (Policy EM4) Water Quality (Policy EM6) Managing Flood Risk (Policy EM7) Delivering High Quality Environment (Policy EM10) The Historic Environment (Policy EM11) Pollution (Policy EM12) Gypsies, Travellers and Travelling Show People (Policy CN5) Infrastructure (Policy CN6) Transport (Policy CN9) Nuclear Installations – Aldermaston and Burghfield (Policy SS7)

These policies are reproduced at Appendix 2 to this letter and can be referenced in any objection submitted, if desired. You may consider other policies are relevant.

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2. OTHER TECHNICAL MATTERS

In addition to these planning policy matters, there are other technical constraints and issues which could potentially result in the development not being appropriate. However, the Council is unlikely to consider these to carry as much weight in the planning process as the ‘material planning considerations’ set out in Section 2 above.

Overhead electric cables – it is understood that these act as one of the tree main supply routes serving the Atomic Weapons Establishment (AWE).

There is the possibility that there are pipelines under the site which serve Heathrow and other strategic establishments, this is currently being investigated.

There are outstanding questions regarding covenants and ownership, although it should be noted that these are generally legal rather than planning matters.

Separate consents may be required for the felling of trees, in particular if any land is owned by the Forestry Commission.

It is understood that there may be potential issues of soil contamination (past land uses, imported material local soil is unique in its acidity) and pollution of the brook (caused by overflow from the sewage works). Objections based on these grounds would need the appropriate technical evidence.

3. OTHER MATERIAL CONSIDERATIONS

When a decision is made on a planning application, only certain issues are taken into account; these are often referred to as ‘material planning considerations’.

(There may exist further material planning considerations not included here)

Local, strategic, national planning policies and policies in the Development Plan

Emerging new plans which have already been through at least one stage of public consultation

Pre-application planning consultation carried out by, or on behalf of, the applicant

Government and Planning Inspectorate requirements - circulars, orders, statutory instruments, guidance and advice

Previous appeal decisions and planning Inquiry reports

Principles of Case Law held through the Courts

Loss of sunlight (based on Building Research Establishment guidance)

Overshadowing/loss of outlook to the detriment of residential amenity (though not loss of view as such)

Overlooking and loss of privacy

Highway issues: traffic generation, vehicular access, highway safety

Noise or disturbance resulting from use, including proposed hours of operation

Smells and fumes

Capacity of physical infrastructure, e.g. in the public drainage or water systems

Deficiencies in social facilities, e.g. spaces in schools

Storage & handling of hazardous materials and development of contaminated land

Loss or effect on trees

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Adverse impact on nature conservation interests & biodiversity opportunities

Effect on listed buildings and conservation areas

Incompatible or unacceptable uses

Local financial considerations offered as a contribution or grant

Layout and density of building design, visual appearance and finishing materials

Inadequate or inappropriate landscaping or means of enclosure

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SECTION 4: DETAILS THAT ARE NOT LIKELY TO BE RELEVANT (‘NON-MATERIAL’ PLANNING MATTERS)

The following include non-material planning considerations. They are issues which are not relevant to the decision:

(There exist further non-material planning considerations not included in this list)

Matters controlled under building regulations or other non-planning legislation e.g. structural stability, drainage details, fire precautions, matters covered by licences etc.

Private issues between neighbours e.g. land/boundary disputes, damage to property, private rights of access, covenants, ancient and other rights to light etc.

Problems arising from the construction period of any works, e.g. noise, dust, construction vehicles, hours of working (covered by Control of Pollution Acts).

Opposition to the principle of development when this has been settled by an outline planning permission or appeal

Applicant’s personal circumstances (unless exceptionally and clearly relevant, e.g. provision of facilities for someone with a physical disability or matters raised in accordance with PPTS paragraph 24 concerning the needs of members of the gypsy and traveller community)

Previously made objections/representations regarding another site or application

Factual misrepresentation of the proposal

Opposition to business competition

Loss of property value

Loss of view

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Appendix 1: Planning Constraint Maps

n.b. These maps are indicative, with an approximate overlay of the site area (in red) and are for reference only, they are not to be reproduced. They do not include scales and keys.

1. Site of Special Scientific Interest (SSSI) boundary2. Deciduous Woodland Priority Habitat boundary (Natural England)3. Flood Risk:

• Flood risk from rivers or the sea• Flood risk from surface water

4. Flood Risk: Extract from Basingstoke and Deane Borough Council Local Plan

1. Site of Special Scientific Interest(source: http://www.natureonthemap.naturalengland.org.uk/)

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2. Deciduous Woodland Priority Habitat Inventory for England(source: Extract from Priority Habitats Inventory, Natural England)

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3. Flood Risk: Government Long Term Flood Risk information website (source: https://flood-warning-information.service.gov.uk/long-term-flood-risk/)

Flood risk from rivers or the sea

Flood risk from surface water

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4. Flood Risk(Source: Basingstoke and Deane Borough Council, Local Plan, Policy EM7)

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Appendix 2: Relevant Policies from the Basingstoke & Deane Local Plan (2011 to 2029, adopted May 2016)

Policy EM1 – Landscape

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Policy EM4 – Biodiversity, Geodiversity and Nature Conservation

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EM6 – Water Quality

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Policy EM7 – Managing Flood Risk

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Policy EM10 – High Quality Development

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Policy EM11 – Historic Environment

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Policy EM12 – Pollution

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Policy CN5 – Gypsies, Travellers and Travelling Show People

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Policy CN6 - Infrastructure

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Policy CN9 – Transport

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Policy SS7 – Nuclear Installations

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