Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Inquiry opened on 4 July 2023 Site visit made on 11 July 2023 by Diane Lewis BA(Hons) MCD MA LLM MRTPI an Inspector appointed by the Secretary of State Decision date: 26th September 2023 Appeal Ref: APP/R2520/W/22/3300559 Plot 10 Land off A17 adjacent to the River Witham, Sleaford Road, Beckingham, Lincolnshire, LN5 0RQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Drewey Price against the decision of North Kesteven District Council. • The application Ref 22/0092/Ful, dated 30 December 2021, was refused by notice dated 13 May 2022. • The development proposed is Change of use from equestrian to residential to accommodate 1 static caravan, 1 touring caravan (parking), a brick and tile built day room, parking for 2 vehicles and associated service roads. DECISION 1. The appeal is dismissed. REASONS Preliminary Matters 2. This is one of seventeen appeals1 concerning the development of land to the north of Beckingham village and the A17 Sleaford Road. A hearing into all appeals, arranged to open on 29 November 2022, was postponed on 25 November 2022.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The procedure was changed to an inquiry following a review of the appeals and the Planning Inspectorate’s consideration of the request on behalf of the appellants. I was appointed as the Inspector and a Case Management Conference took place on 2 May 2023. The discussion centred on the management of the appeals, arrangements and programme for the inquiry and the expectations on all participants. There was no discussion of the merits of respective cases. 3. The inquiry opened on 4 July 2023 and closed on 14 July, sitting for a total of 6 days on 4, 5 and 6 July and 12, 13 and 14 July. In addition to the appellants and the Council, the Secretary of State for Defence appeared as a rule 12 party2. Beckingham Parish Council also gave evidence. Certain topics were the subject of round table sessions with the remaining matters dealt with through the formal presentation and cross-examination of evidence. An accompanied site visit took place on 11 July to Beckingham Defence Training Estate (the DTE) and the appeal sites. 1 Linked appeal references are listed in Appendix 1 at the end of the Decision.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision 2 The Town and Country Planning (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 SI 2000:1625 https://www.gov.uk/planning-inspectorate

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision 2 The Town and Country Planning (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 SI 2000:1625 https://www.gov.uk/planning-inspectorate

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 4. On 28 June 2023 the Secretary of State issued 17 screening directions, one for each appeal site and directed in each case that the proposed development is not Environmental Impact Assessment Development, having considered possible cumulative effects. 5. In this Decision I consider the proposal for Plot 10 on its merits, taking full account of the matters that are specific to the appeal site. Nevertheless, a certain amount of the reasoning is the same as in the Decisions on the other 16 appeals because much of the evidence applies to all 17 appeals. 6. An application for a partial award of Costs was made by the Council against the appellant group3. This application is the subject of a separate Decision. Appeal Proposals 7. The appeal site for Plot 10 is part of a larger triangular shaped area of land of approximately 2 hectares (ha) bounded by the A17 to the south, the River Witham to the west, a water recycling centre to the east and the DTE lands to the east, north and west. 8. When looked at overall, the proposed layout is of three rows of regular sized plots served by an access road along the eastern boundary and a service road between each row of plots.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Plots 16 and 17, in a fourth row towards the apex of the triangle, appear slightly larger. A grassed area annotated to the north and grassed areas identified along the River Witham are not within the red line of any application/appeal site. Plot 10 is the middle plot in the second row of plots to the north of the A17. 9. The site ownership certificates dated 6 June 2022 submitted with the appeal stated that the landowners of the site are Douglas Price and Richard Smith. This is consistent with the Land Registry entries dated 5 June 20234. The Land Registry information also shows how their wider land ownership relates to the land immediately to the south owned by Lincolnshire County Council5 and including the A17 highway. 10. On 21 December 2021 works to facilitate a material change of use of the land began through the laying of hardcore, which was followed by the siting of touring caravans. As a result of an injunction granted by the High Court6, currently no more than 14 tourer caravans should be on the land at any one time. The laying of additional hardcore/hardstanding to provide a base for the caravans was allowed as well as the provision of dayrooms and connections to basic utility services. 11.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Order also sets out the procedure and triggers in relation to planning applications for residential use and any subsequent appeals. Following dismissal of any such appeal (including any statutory appeal to the High Court) a Defendant shall within 28 days cease their residential use of the Land and remove their caravan(s) from the Land and remove the dayroom, footings/foundations and all hardcore/hardstanding laid since December 2021 within 56 days. 3 The appellant group is the term used to describe all appellants. 4 Core Document 53c Part 1 and Part 2. 5 Core Documents 53a and 53b 6 Inquiry Document 15 https://www.gov.uk/planning-inspectorate 2

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Order also sets out the procedure and triggers in relation to planning applications for residential use and any subsequent appeals. Following dismissal of any such appeal (including any statutory appeal to the High Court) a Defendant shall within 28 days cease their residential use of the Land and remove their caravan(s) from the Land and remove the dayroom, footings/foundations and all hardcore/hardstanding laid since December 2021 within 56 days. 3 The appellant group is the term used to describe all appellants. 4 Core Document 53c Part 1 and Part 2. 5 Core Documents 53a and 53b 6 Inquiry Document 15 https://www.gov.uk/planning-inspectorate 2

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 12. The site visit confirmed that the land is divided into pitches accessed by hard surfaced tracks, similar to but not the same as the layout indicated on the submitted site plan. Noticeable differences had occurred in the area around Plots 1 and 8 and Plots 15, 16 and 17. Not all the pitches were occupied, including Plot 10. 13. The evidence available indicates the triangle of land was used previously for grazing horses, an agricultural use, rather than the riding or keeping of horses suggested by the word ‘equestrian’ used in the description of the proposed development. At the inquiry the appellant agreed the description be amended to read “A material change of use of the land to residential to accommodate 1 static caravan, 1 touring caravan (parking), brick and tile built dayroom, parking for two vehicles and associated service road.” 14. The appellant confirmed at the inquiry the application plans for Plot 10 are those cited in the Council’s decision notice7. The amended site layout plan outlines in red the pitch being applied for and the length of service road, all consistent with the description of development and the stated address of the site.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Alterations to the main access onto the A17 are included in the proposal, as stated on the planning application form, but no details were provided. The plan of the dayroom shows a simple brick and tile building with a footprint of 7 x 4 metres (m) and ridge height of 4.5m, to provide a dayroom/ laundry and bathroom facilities. 15. In October 2022 the appellant group submitted a preliminary ecological appraisal report and a noise impact assessment (the Nova report). The Nova report considered the development site to be the triangle of land and recommended the installation of 2m high close-boarded fencing on top of a 1m high earth bund ‘between the site and the A17 road’8. The site considered in the ecology report is also the triangular area of land. The field survey was carried out on 22 August 2022 and the site was described as comprising hardcore hardstanding and areas of grassland with a hedgerow and a line of trees on the eastern and southern boundaries. The report acknowledged the limitations associated with the timing of the field survey post development and the baseline habitats at the site pre-development were not quantified.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The identified ecological constraints and opportunities and recommendations for avoidance, mitigation or further survey applied to the site as defined in the report and not individual plots/appeal sites. 16. The appellant group’s evidence on landscape and visual effects considered a site of approximately 1.9 ha and the site layout and landscape strategy applies to this triangular shaped area. At the inquiry the appellants confirmed that the landscape strategy is illustrative only. The Council illustrated that Plot 1 on the landscape strategy plan is set back a greater distance from the A17 and the River Witham than shown on the application layout plan9. This assessment was not challenged. The implication is that other plots are not shown in the same position as on the submitted application plans. The landscape plan also shows a slightly different network of internal access roads. 7 MW DP-02 Plot 10 proposed elevations and floor plans received 14 January 2022; MW DP-01 Plot 10 proposed site plan received 3 March 2022. 8 The location of the bund and fence is shown on a plan within Appendix C to the report. 9 Inquiry Document 4 https://www.gov.uk/planning-inspectorate 3

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 17. A Highways Technical Note10 included plans of a swept path analysis, and visibility splays at the access onto the A17. Proposed improvement works to the main access were not detailed. 18. To conclude, little information was submitted with the planning application or when the appeal was made. The later supporting technical evidence is directed towards the development of the land as a single site by the appellant group to provide 17 pitches and associated dayrooms and services. This is not the proposal for determination. There was no explanation forthcoming as to why 17 separate planning applications were made, which has resulted in 17 appeals. I will determine each appeal on its individual merits, having regard to potential cumulative effects. This approach was not challenged by the main parties. The proposal and site area in the appeals are those shown on the submitted plans considered by the Council when refusing permission, not the development on the ground now. The appellants are hoping for a permanent non-personal permission but acknowledge the options of a personal permission or a temporary permission. Planning policy 19.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Central Lincolnshire Local Plan (CLLP) was adopted by the Council in April 2023. The CLLP contains planning policies and allocations for the growth and regeneration of Central Lincolnshire over the next 20 years11. The CLLP is the relevant development plan document for determining these appeals. No reference will be made to the policies from the Central Lincolnshire Local Plan adopted in 2017 and relied on in the reasons for refusal. 20. The National Planning Policy Framework issued in July 2021 was updated and replaced on 5 September 2023 by a revised Framework. The only substantive revisions relate to planning for onshore wind development in England. None of the revisions apply to the current appeals and no additional comments were sought from the parties. 21. The proposed caravan sites are intended to be occupied by Romani Gypsies. Planning policy for traveller sites August 2015 (PPTS), which should be read in conjunction with the Framework, is a consideration. CLLP Policy S83, in Part Three, sets out the criteria for consideration of proposals for new sites for Gypsies, Travellers or Travelling Showpeople. 22.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Framework requires consideration of whether otherwise unacceptable development could be made acceptable through the use of planning conditions. Planning conditions should only be imposed where they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other respects (the six tests). Main Issue 23. The main issue, which is common to all appeals, is informed by the reasons for refusal and the current policy context. The focus is on whether the proposed caravan site would be a well planned, sustainable form of development in an appropriate location, taking into account: 10 Appendix 1 WSP Appendices 11 Central Lincolnshire refers to the combined area covered by the City of Lincoln, North Kesteven and West Lindsey https://www.gov.uk/planning-inspectorate 4

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 • the effects on highway safety, accessibility to services and facilities, the character and appearance of the land and surrounding area, designated heritage assets and biodiversity, • the proposed infrastructure and utility services to serve the pitch, • the acoustic environment and the effect of the proposed residential use on the operations at the DTE, • potential cumulative effects, • whether any identified harm may be suitably mitigated through compliance with planning conditions. 24. Other considerations to weigh in the balance are: • Intentional unauthorised development. • The existing level of local provision and need for sites. • The availability (or lack) of alternative accommodation for the appellant or proposed occupier(s). • Other personal circumstances of the appellant or proposed occupier(s). 25. With reference to reason for refusal No 5, the Council now accepts the proposal, when considered with the proposals for the wider site, would not unduly dominate the village. The Council continues to maintain they are of a scale that does not respect the scale of the settled community. 26.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Integral to my decision-making will be exercising duties under the Human Rights Act 1998. Article 8, a Convention Right12, affords a person the right to respect for their private and family life, their home and their correspondence. This qualified right requires a balance between the rights of the individual and the needs of the wider community. Central to the principle of a fair balance is the doctrine of proportionality. There is a positive obligation to facilitate the Gypsy way of life to the extent that the vulnerable position of Gypsies and Travellers as a minority group means some special consideration should be given to their needs and different lifestyle in the regulatory planning framework and in reaching decisions on particular cases. The focus will be on the rights of the individual or family unit, rather than the appellant group. 27. Under the Equality Act 2010 public sector equality duty (PSED) I will have due regard to the three aims identified in the Act – to eliminate discrimination, advance equality of opportunity and foster good relations. Romani Gypsies are an ethnic minority and have the protected characteristic of race under section 149(7).

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The decision must be proportionate to achieving the legitimate planning aims. Reasons: Highway safety 28. Policy S83 Part Three criterion (b) requires the proposal to have adequate and safe vehicular access including for emergency vehicles, other large vehicles and towed loads likely to frequent the site. 12 Article 8 of the European Convention on Human Rights, which was enshrined into UK law by the Human Rights Act 1998. https://www.gov.uk/planning-inspectorate 5

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The decision must be proportionate to achieving the legitimate planning aims. Reasons: Highway safety 28. Policy S83 Part Three criterion (b) requires the proposal to have adequate and safe vehicular access including for emergency vehicles, other large vehicles and towed loads likely to frequent the site. 12 Article 8 of the European Convention on Human Rights, which was enshrined into UK law by the Human Rights Act 1998. https://www.gov.uk/planning-inspectorate 5

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 29. The CLLP identifies the A17 as one of the key roads in Central Lincolnshire, which is essential for connecting communities and an important route for businesses, including local agricultural and food industries13. At the Inquiry the route was said to carry a high volume of commercial, port related and tourist traffic. The Parish Council explained that the short stretch of dual carriageway immediately north of Beckingham (west bound) is the only section between Newark and Sleaford with this type of opportunity for overtaking. Consequently the speed of traffic is high14. The east bound carriageway near the appeal site is single carriageway, widening to accommodate a right turn filter lane at the junction with Woodgate Lane and Chapel Street. 30. Before development took place there was an established gated access into the field, directly off the A17 on its northern side. The evidence available15 indicates this access was distinct from the access serving the water recycling centre. The field access was basically a gap formed in the boundary vegetation with an area of hard surfacing in front of a five bar gate.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision It would not be of a standard or specification to ensure a safe means of access to and from the A17, even for one residential plot. The highway authority requested details of visibility splays and of proposed improvements to provide the required specification but did not object to use of this access point onto the A17 to serve a residential use. 31. The additional details submitted by the appellants confirmed the ability of cars and towing caravans to access and egress the Land and that adequate visibility splays are achievable. I am satisfied from observations on the site visit that visibility is good for users of the access and for the drivers on the A17, helped by the curvature of the carriageway. 32. The highway authority also has stated that improvements to the site access should be in accordance with Lincolnshire County Council’s section 184 specification16 and indicated requirements for the geometry of the access and position of access gates. This advice, together with the swept path analysis plan, gives a good indication of the type of works necessary to secure a safe access.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision A matter that has not been demonstrated is whether the access geometry is able to be achieved without encroaching onto Plot 7, as defined on the site layout plan. Also unclear is the amount of land involved outside of the application site. Details of improvement works and the timing of their implementation would have to be dealt with through a planning condition. Subject to this important proviso, safe site access arrangements could be secured at the site entrance. 33. No right turn movements are possible because of the dual carriageway and the safety barrier in the central reservation. This could be regarded as enhancing safety, provided suitable and convenient turning opportunities exist. For traffic approaching the site from the east the safest option would be to continue to the A17/Coddington/Stapleford roundabout some 3.1 km beyond the site. An alternative, nearer option at the Barnaby in the Willows junction around 1.6 km away would involve doing a U-turn in the bellmouth of the junction.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Council also identified two nearer secondary accesses on the northern side of 13 CLLP paragraph 8.2.3 14 The dual carriageway is subject to a national speed limit of 70 mph for cars, vans, motorcycles and dual purpose vehicles and 60 mph for coaches, buses and goods vehicles. 15 Core Document 9 16 Core Document 1 https://www.gov.uk/planning-inspectorate 6

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Council also identified two nearer secondary accesses on the northern side of 13 CLLP paragraph 8.2.3 14 The dual carriageway is subject to a national speed limit of 70 mph for cars, vans, motorcycles and dual purpose vehicles and 60 mph for coaches, buses and goods vehicles. 15 Core Document 9 16 Core Document 1 https://www.gov.uk/planning-inspectorate 6

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 the A17 where manoeuvring should be discouraged. For vehicles leaving the site and wishing to travel west, the likelihood is that use would be made of the Woodgate Lane/Chapel Street junction. 34. Therefore safe options exist, although the probability is closer, less satisfactory turning opportunities would be used when approaching from the east. The related risk to safety is less from the development of Plot 10 alone, whereas the risk would increase with the development of more plots. In the absence of a transport statement there is no estimate of the likely number of trips involved. This matter has a small amount of weight in assessing safety for a single pitch, bearing in mind that the Framework states development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. CLLP Policy S47 adopts a similar approach. 35. The Parish Council described how vehicles had been driven from the Woodgate Lane junction to the site along the verge on the north side of the A17.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Such action would not only put road users but also occupants of the vehicle at very serious risk. The report was first contained in the Parish Council’s representation in March 2022. On my visits the vegetation covering the verge did not show any signs of vehicle damage and would preclude vehicle use. The Parish Council also stated that the Highway Authority agreed that the Woodgate Lane junction was unsafe and would be blocked if funding was available, requiring all vehicles to use the junction serving the village at the eastern end of the dual carriageway. However, I rely on the comments on the planning applications and appeals to represent the position of the Highway Authority, where no such references were made. Conclusions 36. The outstanding matter is to demonstrate and ensuring the proposal would have an adequate and safe vehicular access through submission of a Stage 1 Road Safety Audit with associated details of the layout, works and drainage at the main site access onto the A17. The probability is the required works would in part fall outside the red line of the application site and involve land outside the control of the Plot 10 appellant, including highway land.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision To date there is no indication works would encroach onto the adjacent access serving the water recycling centre. 37. The appellants’ planning witness referred to the use of a Grampian type planning condition but this is not possible as the development has commenced. The proposed condition relies on the submission of a scheme within 6 months of the date of the decision. The timing of implementation of an approved scheme is unknown. There are not the grounds to conclude there are no prospects at all of the action being performed within the time limits imposed. The test for reasonableness is met. 38. Subject to compliance with a planning condition, the proposed site would have adequate and safe vehicular access and be in accordance with Part Three criterion (b) of Policy S83. Accessibility to services and facilities 39. Criterion (f) of Policy S83 Part Three states: For non-allocated sites, the proposal should be located within reasonable travelling distance to both https://www.gov.uk/planning-inspectorate 7

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 primary health care facilities and schools, preferably by walking, cycling or public transport. 40. GP primary health care facilities are found in Balderton Newark (8.5km away), in Caythorpe (17.8 km) and Ancaster (14.1km), all outside the CLLP area. The Parish Council noted the nearest hospital is in Lincoln. 41. A primary school and a pre-school are located in Brant Boughton, 5.4 km to the east of the Land and there is also a primary school in Claypole (8.4km). The nearest secondary school is the William Robertson Academy at Leadenham (9.5 km). The appellants also confirmed that a school bus visits the site every Tuesday. Whilst a valuable service it is not an adequate substitute for daily school attendance. 42. Beckingham is a Small Village in the CLLP settlement hierarchy (Policy S1) where the expectation is for limited growth as set out in Policy S4. Beckingham has a village hall and a church but no shop. The nearest convenience stores are in Brant Broughton, Leadenham, Claypole and Balderton. Lincoln urban area is at the top of the hierarchy. However, Beckingham is a lot closer to Newark (in the district of Newark and Sherwood) than Lincoln. 43.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision A ‘reasonable travelling distance’ is not explained in the supporting text to the policy. However, the context for the CLLP is helpful17. Apart from Lincoln and the main and small towns, Central Lincolnshire is predominantly rural, and is characterised by a dispersed settlement pattern of villages. Functionally, the rural villages often operate as clusters that share key services, with the larger villages acting as local service centres that communities rely on for basic facilities and as social hubs. 44. Allowing for the rural location, the travelling distances to primary health care facilities and schools are on the margins of being reasonable. As to mode of travel, the only highway accessible from the site is the A17. The highway has no footway by the site access and even if the vegetation on the verge would allow, it would not be safe to walk along the A17 to the Woodgate Lane junction18. Furthermore, crossing the A17 on foot at the junction requires considerable care, awareness and agility because of the speed of traffic and turning movements. The public footpath under the A17 is on the western side of the River Witham and of no assistance to access the appeal site. 45.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Without a footway or public footpath it is not possible to walk safely from the site to the nearest bus stop in Beckingham, from where there is a limited service to Newark and Lincoln. The Call Connect service requires pre-booking and no confirmation was provided that the service would pick-up from the site. There is no cycle route along the A17 and again because of safety I rule out cycling as an option. In summary, travel to services relies on the availability and use of a private motor vehicle. I heard from some residents that because of their health they are unable to walk beyond the site and rely on family and friends. I accept residents may well get lifts from family members or friends but the dependency on a vehicle to go anywhere by all site residents could result in isolation and would deter the promotion of social interaction and encouragement of informal recreation. 17 CLLP paragraphs 1.2.4 to 1.2.6 18 The appellants’ landscape witness, when considering the public rights of way, described the prospect of walking along the grass verge of the A17 as ‘extremely dangerous’. Appendix A LIVIA page 10 https://www.gov.uk/planning-inspectorate 8

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 46. PPTS accepts Traveller sites may be in rural areas, which in turn indicates acceptance of reduced opportunities for sustainable travel. PPTS promotes access and ability to use medical or educational facilities in a broader sense than just the means of making a journey to the service. The ability to have an address and a stable base by all accounts makes booking appointments and use of health and welfare services much easier and with greater certainty. Similarly, taking up educational opportunities for children of all ages and regular attendance at school are encouraged by having stability in home life. 47. Various appeal decisions have been referred to by the appellants and the Council to support their respective cases. Conclusions are case sensitive depending on the characteristics of the site and area and the local policy requirements. The exercise of careful judgement by the decision maker is required on the issue of accessibility and in the overall planning balance19. Consequently, whilst informative to a degree, they do not justify or direct a conclusion in this appeal one way or the other. Conclusions 48.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The site is just on the limits of a reasonable travelling distance to primary health care facilities and schools. There is no realistic prospect of residents accessing healthcare or schools by walking, cycling or public transport with the existing highway infrastructure. The site is not in full accord with Part Three criterion (f) of Policy S83. 49. The broader view on accessibility in PPTS provides some support for the proposed traveller caravan site. Nevertheless, the inability to walk safely anywhere from the site and the resultant dependency by occupiers on a private vehicle are serious disadvantages. When factoring in cumulative effects more families would be affected. 50. Safe and suitable access to the site cannot be achieved for all users, resulting in a conflict with paragraph 110(b) of the Framework. The location does not enable the use the sustainable travel modes and does not offer genuine choices for non-car travel and so the development is not supported by CLLP Policy S47 and Policy S53(4). This strong objection is inherent in the location of the sites and is not a matter that could be overcome by a planning condition. Landscape character, visual impact and design 51.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The detailed policy requirements are primarily set out in Policy S53, where the most relevant themes to this issue are context, identity and nature. Proposals should satisfactorily assimilate the development into the surrounding area and make a positive contribution to the sense of place and character. PPTS identifies several matters related to delivering well planned sites, with adequate landscaping and play areas and appropriate boundary treatment. Context 52. The landscape character is gently undulating, where woodland blocks and tall hedgerows have a strong influence on the sense of openness, enclosure and 19 WSP Appendices Appendix 18 paragraph 10. In this case the site was not accessible by foot and the Inspector concluded the site was poorly located because of the severing effect of the A508. In the overall planning balance the appeal was allowed and a personal planning permission was granted. https://www.gov.uk/planning-inspectorate 9

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 extent of views. Settlement is scattered and road patterns are winding and irregular. 53. In the locality of the appeal site a mainly pastoral landscape prevails, a contrast to the more arable nature of the district. The Ministry of Defence firing range introduces a distinct land use and associated features and settlement, including the man-made bunds, tracks and security gates, and the low, functionally built accommodation blocks that date back some time. Its presence is neutral when considering the effect of the proposed development on landscape character because of the absence of any physical or visual relationship or interaction. 54. To the south Beckingham is a small compact village that retains much of its historic layout, built form and character. The church is a prominent landmark, its tower visible from the wider surrounding area. To the west the corridor of the River Witham, a peaceful, gently meandering watercourse, is enhanced by the mix of plant species along the banks. By contrast the A17, the primary route serving the area, bypasses the village and the traffic noise is intrusive in the rural countryside setting.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The road corridor and the strong tree belt along its southern boundary defines the northern edge of the settlement. 55. In the locality of Beckingham the public rights of way and their use probably are heavily influenced by the A17 and the military training areas. The public footpath northwards along the River Witham under the A1720 is unpleasant to walk along and then it becomes heavily overgrown, suggesting very little use. In views from Woodgate Lane the caravan sites are not readily visible due to the local topography and vegetation. Instead, the block of woodland to the west of the site and the military lands are visually dominant. On the site visit there were clear views of the land from the access road to the military ranges but this vantage point would be limited to military personnel. For most people awareness of the development would be when travelling along the A17. Proposals 56. The submitted proposals for Plot 10 provide a limited level of detail on boundary treatments and hard surface finishes. Within the pitch the caravans and dayroom are shown positioned near the southern boundary, with vehicular access from a service road to the north.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The appellant considers the details and landscaping can be resolved through planning conditions. Assessment Plot 10 57. Before any development took place the appeal site and the adjacent land was a field of grazing land, reflecting the pastoral landscape in the Terrace Sandlands character area and the agriculture landscape character zone identified by the appellant’s landscape consultant. The strong landscape features were the hedgerow and woodland on the boundaries and the corridor of the River Witham to the west. 58. When compared against this lawful, baseline condition, the introduction of a small caravan site and the associated infrastructure would bring a harmful change in the character of the land use and the development would be incongruous in the open undeveloped surroundings. The long 8m wide service road and a widened, engineered access onto the A17 to serve an isolated site 20 Core Document 40 https://www.gov.uk/planning-inspectorate 10

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 would appear excessive and out of keeping with the rural character. The result would be an unwelcome element of urbanisation, unrelated to the village. 59. The plot itself is positioned well back from the frontage to the A17 and is well screened by the woodland and hedgerow vegetation along the northern edge to the highway, allowing for seasonal variation. Provided this landscape feature is undisturbed the pitch probably would not be noticed by most people travelling along the A17. However, improvements would make the A17 access more prominent and signal the presence of development to passers-by. Views by people on foot would be minimal because of the routes of the public rights of way and the local topography. 60. The submitted layout plan does not convey a well designed site and means of access that has taken full account of the local context. The plot would be in a roughly central position within the triangle, not well related to the main access or boundary features.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Within the pitch little thought appears to have been given to the siting of the proposed dayroom in relation to the static caravan, the incorporation of amenity space or space for children’s play, arrangements for drainage and for storage of domestic waste bins. The containment and boundary treatment of the service road serving the single pitch is unspecified. Cumulative effect 61. The proposals for the adjacent land show the intention to change the use of most of the field to a caravan site with 17 pitches, which has dictated the proposed siting of Plot 10 and the proposed access arrangements. 62. Based on a maximum of 17 pitches in the proposed very regular linear layout pattern, the land use change to residential would unacceptably increase the urbanising effect and erode the openness of the agricultural landscape around Beckingham. The very close proximity of the site to the River Witham corridor would detract from its peaceful, natural character. The proposed caravan site would not reflect the character of the village or the typical settlement and road patterns of the character area. 63. The main views of the overall development would be when travelling along the A17.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The vegetation along the frontage of the wider site provides a good natural screen, although I anticipate its effectiveness would be less when not in full leaf. The required improvement to the site access would necessitate the loss of some vegetation, whatever the scale of development. The addition of a sign identifying the site (as has happened) and related residential features near the entrance would further change the perception of the development and emphasise the encroachment of residential development into the countryside. Road users are less sensitive receptors and views would be fleeting. However, the site is near to a main route and access serving Beckingham. Village residents would frequently pass the site and be very aware of the development. The implications and visual effects of the proposed acoustic bund and fencing are very unclear given the level of detail currently available but the structure along the full length of the frontage could be very intrusive. 64. The proposals over the land as a whole fall far short of demonstrating good design.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The layout may be functional and effective but the high proportion of hard surfaced areas, both within the pitches and for the network of service roads, is not in keeping with the rural surroundings. The proposed number of caravans plus the dayrooms and parked vehicles would create a quite intense https://www.gov.uk/planning-inspectorate 11

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The layout may be functional and effective but the high proportion of hard surfaced areas, both within the pitches and for the network of service roads, is not in keeping with the rural surroundings. The proposed number of caravans plus the dayrooms and parked vehicles would create a quite intense https://www.gov.uk/planning-inspectorate 11

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 form of development, remembering the appellants wish the flexibility of having twin unit caravans. The illustrative landscape strategy indicates how more green space could be introduced working with a basic linear layout but detailed proposals and measures for implementation and future management and maintenance are not provided. 65. Planning conditions. It is common practice to control the number and type of caravans and require details of the site layout, hard and soft landscaping, boundary treatments and external lighting. The achievement of a good scheme on Plot 10 is constrained by the position of the site and the land available to the appellant. The matter is also closely related to requirements on biodiversity mitigation and enhancement. As it stands the proposal is unclear over what is possible to deliver, whether a good standard of development would be achieved and hence whether policy requirements can be met. Conclusions 66. The proposal fails to demonstrate good design, that the development would be satisfactorily assimilated into the surrounding area and make a positive contribution to the sense of place and character.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision For these reasons the proposal conflicts with Policy S53, national policy in PPTS and the Framework and therefore with Policy S83 Part Three criterion (a). The harm to landscape character and visual amenity would be localised but the larger scale associated with development of up to 17 plots would result in a greater level of harm and emphasise the failings of the design approach. Heritage assets21 67. Beckingham Conservation Area extends over the historic core of the village. The significance is derived from the traditional architectural character and streetscape and the important open spaces, including the churchyard and the field known as the Poor Gardens east of School Lane. Important views focus on the tower of the church and along the main streets in the historic core. Once accommodating a range of essential trades and community services the village is now almost entirely residential. The strong tree belt along the northern boundary is effective in screening the village centre from the A17 and there is very little, if any, intervisibility with the lands to the north.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The proposed development of the appeal site, whether alone or in conjunction with the additional proposed plots, would not affect the setting of, or views into or out of the Conservation Area. 68. The Church of All Saints in Beckingham is a grade 1 listed building. The history of the church dates to the 12th century and it was probably the manorial church. Latterly the church was of some local importance in religious life. The church then was rebuilt and the tower was added in 1450. The building was restored in the late 19th century. The parish church sits in a green space on the western side of the historic core, beyond which is the park of the former Beckingham Hall and the well wooded grounds of the Rectory, giving way to open countryside along the river. Historically the church has been physically separated from the countryside to the north by the main route through the village and the settlement north of Hillside/Chapel Street. The construction of the A17 bypass strongly reinforced this separation. Whilst the church tower is 21 This section is informed by Beckingham Conservation Area Appraisal October 2019 and the Official list entry for the Church of All Saints, Inquiry documents 5 and 6.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 12

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 12 Appeal Decision APP/R2520/W/22/3300559 visible from the Land and Woodgate Lane, this factor is insufficient to persuade me the appeal site and related lands are within the setting of the listed building. 69. In conclusion, no conflict arises with Policy S57 or the Framework to conserve the historic environment. The effect on designated heritage assets is neutral in the planning balance. Biodiversity 70. In summary, development plan Policy S53 sets out the standards expected from all development to make a positive contribution to the character and appearance of the environment within which it is located, including consideration of natural features and habitats. More specifically Policy S60 aims to (i) ensure developments minimise impacts on biodiversity, deliver measurable and proportionate net gains in biodiversity; (ii) protect habitats, species and sites of international, national and local importance, and (iii) protect and enhance the aquatic environment within or adjoining the site, including water quality and habitat. Policy S61 focuses on biodiversity opportunity and delivering measurable biodiversity net gains. 71.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The land is within an opportunity area for management of the green and blue infrastructure network identified under Policy 5922. The expectation is that green infrastructure principles should be considered and incorporated into a scheme from the earliest stages of the design process. As set out in Policy S61 development proposals should create new habitats and links between habitats in accordance with the biodiversity opportunity area principles set out in Appendix 4 to the CLLP. The first principle is that proposals should avoid development on opportunity areas for management where possible. Where this is not possible, the development layout should ensure that connectivity of the network is maintained. The Council consider the land provides a habitat linkage between the two Local Wildlife Sites. 72. The River Witham Auborn to Beckingham Local Wildlife Site (LWS) is designated for its freshwater habitats and for its unimproved neutral grassland habitat. The Beckingham Ranges LWS supports a neutral grassland habitat, with additional habitats of semi-natural woodland, scrub, inland grazing marsh, associated river/ditch and small pools. Nearly all of the triangle of land is outside the LWS designations.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The reason(s) for its exclusion are not evidenced. 73. The ecological survey identified a priority hedgerow along part of the eastern boundary to the wider site, 3-4m in height 4-5m in width and including species of hawthorn, blackthorn, elder, dog rose and ivy. The broadleaved woodland belt along the southern boundary of the development site also was identified as a habitat of principal importance, where tree growth was in excess of 5m in height with greater than 90% canopy cover. Tussock grassland was along the River Witham but was considered unlikely to qualify as lowland meadow or other priority grassland habitat types. No evidence of protected/notable species on site was observed during the survey, except for a range of common passerine birds. The adjacent lands were identified as offering suitable habitats for a variety of species. 22 Inquiry Document 8 https://www.gov.uk/planning-inspectorate 13

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 74. The probability is a loss of neutral grassland from the formation of the pitch and the internal access road. The eastern hedgerow and southern woodland belt would remain, subject to a suitable buffer and ongoing protection and maintenance. Some vegetation loss may occur through more detailed proposals for the site access off the A17. In summary, the siting of the proposed pitch and access arrangements would not result in the loss of priority habitats. The effect on the aquatic environment would depend mainly on proposals for drainage, as yet unconfirmed. 75. Mitigation. The potential ecological impact and opportunities set out in the ecological report23 are based on the development on the ground at the time of the survey in August 2022. The appellant relies on planning condition(s) to avoid harmful impacts and to provide mitigation and/ or compensation measures in respect of habitats and species and to secure at least a 10% net gain in biodiversity.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The ecological report accepts that a scheme for biodiversity net gain would require reasonable assumptions regarding the pre-development baseline value of the site based on the classification and condition of remaining habitats present, cross referenced with pre-development imagery of the site. 76. This approach is consistent with that outlined in the Council’s guidance24. However, proposals would be better informed if green infrastructure principles and biodiversity net gain had been considered and incorporated into a scheme earlier in the process, ensuring connectivity of the habitats would be maintained. The calculation and required measures probably would differ for Plot 10, as opposed to a landscape ecological management plan covering up to 17 pitches over the wider site. Recommended biodiversity enhancement options may be unduly constrained by the size and siting of pitches in relation to the river corridor and southern boundary. A proper understanding of what may be achievable relies on detailed proposals that should be related to proposals for landscaping and drainage. Conclusions 77. There is little indication there was consideration of natural features and habitats behind the proposal.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Based on the available ‘post development’ evidence the development of Plot 10 as a single pitch may have a slight negative effect on biodiversity, bearing in mind its more central position within the wider site. The development’s contribution to any harm through cumulative effects probably would be relatively slight. Means to protect the aquatic environment and delivery of measurable and proportionate net gains in biodiversity, whether for Plot 10 alone or within a wider scheme has not been demonstrated. Full compliance with Policies S59, S60 and S61 and in turn criterion (a) of Policy S83 Part Three is not achieved. Drainage 78. Policy S83 Part Three criterion (e) requires the proposal to be adequately serviced, or capable of being adequately serviced, preferably by mains connections. Furthermore, the proposal should not conflict with other local or national policies relating to protection of the natural environment. These policy criteria need to be read alongside Policy S21 which states non mains foul 23 Ecological Appraisal Report Table 9 24 Delivering Biodiversity Net Gain in Central Lincolnshire April 2023, referred to in the Proof of Evidence of Aecom Limited https://www.gov.uk/planning-inspectorate 14

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 sewage disposal solutions should only be considered where it can be shown that connection to a public sewer is not feasible. Development should contribute positively to the water environment and its ecology where possible and, in line with the requirements of the Water Framework Directive, should not adversely affect surface and ground water quality. The development plan requirements are consistent with the Framework and with the relevant Planning Practice Guidance on wastewater and water quality. The expectation of the CLLP is that drainage solutions should be factored into the development process as early as possible. 79. A water recycling centre/sewage treatment works (WRC) is adjacent to the wider site. Connection to the public network would enable the most preferable solution in policy terms to be achieved for Plot 10. However, in March 2022 Anglian Water advised that Beckingham WRC is small and will struggle with any additional flow25. Significant investment would be required and currently funding is not available. Given this position, connection to the public network would risk overloading the system and cause pollution.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision It would not be an acceptable solution from a planning point of view. Anglian Water supported the use of septic tanks and understanding the undesirability of issuing 17 permits suggested the use of one septic tank to serve the 17 pitches. 80. The discharge of effluent from a septic tank would be into the ground via an appropriate distribution system of filter drains and therefore could be a source of water pollution. No evidence has been provided to show the ground has adequate soakage characteristics or that an appropriate area of land for the percolation system, a drainage field, could be provided within the appellant’s control. Significantly the evidence of the Environment Agency is that the geology of the site is mudstone, which is not permeable. 81. The other option is the installation of a cesspit, which appears to have been acceptable in Beckingham village. No evidence has been presented to demonstrate that a cesspit could be suitably sited within the pitch in relation to the caravans and would have adequate capacity, be properly watertight through its lifetime and have appropriate arrangements for emptying.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Whilst a cesspit may be acceptable for one or a small number of pitches, the provision of this form of drainage for most or all plots is not a satisfactory solution and a coordinated approach should be adopted. Conclusion 82. In the short to medium term the available option for disposal of foul drainage is the provision of a cesspit on the pitch. Whilst not a preferred solution especially near to the River Witham LWS, it is not contrary to Policy S83 or Policy S21. The details of the proposed means of servicing would have to be approved as part of a site development scheme in order to relate the siting of the infrastructure to the siting of the static caravan and dayroom. Living Conditions: Noise 83. Policy S83 Part Three criterion (d) requires the proposal to provide an acceptable standard of amenity for the site’s occupants. The PPTS expects proper consideration of the effect of local environmental quality (such as noise and air quality) on the health and well-being of Travellers. 25 Core Document 32 https://www.gov.uk/planning-inspectorate 15

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 84. Applicable to all forms of development CLLP Policy S53 (7)(b) seeks compatibility between neighbouring land uses unless it can be demonstrated that the ongoing use of the neighbouring site will not be compromised, and the amenity of occupiers of the new development will be satisfactory. Policy S54 seeks positive mental and physical health outcomes through development proposals. 85. The Framework expects development to promote health and well-being, with a high standard of amenity for existing and future users, recognising the importance of location and potential adverse effects of noise pollution. Noise giving rise to significant adverse impacts on health and the quality of life should be avoided. The Noise Policy Statement for England (NPSE) promotes good health and a good quality of life through the effective management of noise within the context of Government Policy on sustainable development. The NPSE makes a distinction between ‘quality of life’, a subjective measure that refers to people’s emotional social and physical wellbeing and ‘health’ which refers to physical and mental well-being.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Planning Practice Guidance advises that when considering the acoustic environment decision makers need to consider whether or not a good standard of amenity can be achieved. 86. Against this policy context and with equality considerations firmly in mind, the acoustic environment on gypsy and traveller sites should be subject to the same standards as apply to the settled community. A roadside comparator is not acceptable or relevant in assessing permanent sites. This conclusion is consistent with that reached by Inspectors in appeals referred to by the Council and the appellants26. 87. Traffic on the A17 and the activities carried out at Beckingham DTE are the sources of noise requiring consideration. The Nova report confirmed the adjacent water recycling centre was inaudible on site. On that basis the Council was satisfied this potential noise source in isolation does not raise any residential amenity concerns and I will not consider it further. Road traffic noise 88. The Council’s evidence cited the 2018 World Health Organisation (WHO) Guidelines on noise levels for traffic noise, which give a maximum average noise exposure of 53 dB Lden (daytime) and for night time below 45 dB Lnight.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Noise levels above the guidelines are associated with adverse effects on health and sleep. The point is made that the noise standards in BS8233:2014 are based on the 1999 WHO Guidelines. 89. The Nova report places Plot 10 within the amber acoustic zone, reflecting a decrease in noise levels with distance away from the A17. At MP2 (roughly mid-way along the eastern boundary to the wider site) short term noise measurements were 55.0 LAeq,t (dB). The day time L sound level map Aeq places Plot 10 within the range 57-60 dB and the night time L sound level Aeq map gives a range of 51-54 dB. Maximum night time levels were in the 66-69 dB range. 26 Appendices to Council’s hearing statement: Appendix 17 Appeal Decision APP/R2520/W/15/3130962 dated 1 March 2016 paragraph 12, Appendix 23 Appeal Decisions APP/Q3115/W/16/3156409, APP/Q3115/W/18/3205628 dated 13 January 2020 paragraph 46; and WSP Appendix 5 Appeal Decision APP/C3105/W/18/3219199 dated 27 March 2020 paragraph 42 https://www.gov.uk/planning-inspectorate 16

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 90. Based on the internal noise level analysis for a mobile home27 the noise levels in a caravan in the amber zone were predicted to be below the BS8233:2014 criteria during both the day and night time periods. As to the external noise level, the Nova report predicted a garden noise level of 58.0, above the BS8233 criteria by +3.0 dB. 91. The mitigation recommended by the Nova report is to control the noise between the source and the receiver by the installation of 2m close boarded fencing on top of a 1m high earth bund between ‘the site’ and the A17 road. Provided the bunding and fencing is installed as specified28 internal noise levels are predicted to be reduced further and the predicted external noise level of 54.0 dB is within the 50-55 dB BS8233 criteria. The location of the proposed bund would not require any land within or adjacent to Plot 10. 92. The analysis in Nova report indicates that acceptable internal noise levels (BS8233) are likely to be achieved with a static caravan to BS standard, closed windows, even without the mitigation of a bund/fence to the stated specification.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision It is accepted practice to use a planning condition to require static caravans to have a specified standard of sound insulation and ventilation (BS3632:2015). Various appeal decisions illustrate this approach, where the precise wording of a condition varies according to the facts29. 93. The proposed touring caravan would not be of a similar standard, but no analysis has been carried on internal noise levels. As a precautionary measure a planning condition could be imposed to preclude its use for sleeping accommodation. Similarly, no noise assessment has been carried out for the proposed dayroom or with windows open in the static caravan to assist ventilation and cooling. The appellant’s solution is the use of air conditioning or mechanical ventilation and use of the dayroom for cooking. 94. The acoustic evidence indicates that in terms of road traffic noise an acceptable standard of amenity would be achieved for the residents of Plot 10 with the bund as mitigation. Even without the bund internal noise levels would be satisfactory.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Guideline values for external amenity space would not be achievable without the bund, but if development was otherwise acceptable the design aim would be achievement of the lowest practicable noise levels. 95. Considering development from a cumulative point of view, the inclusion of Plot 10 would be a neutral factor. The evidence shows Plots 1 to 7 are in the area most affected by road traffic noise and where off-site mitigation in the form of the bund/fencing would be essential. Beckingham DTE 96. Policy 84 is specific to Ministry of Defence (MOD) Establishments, including Beckingham DTE. Part Two of the policy states that development will not be supported where it would adversely affect military operations or capability unless those impacts can be appropriately mitigated in agreement with the MOD. This policy requirement recognises the importance of protecting the role and the ongoing use of these establishments, including their ability to adapt in accordance with MOD operational plans in the national interest.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision 27 The Nova report sets out the assumptions underlying the calculation on pages 13 and 14 28 The fencing must have a minimum surface mass of 10 kg/m2 and should contain no holes or gaps 29 WSP Appendices 2 to 5 https://www.gov.uk/planning-inspectorate 17

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision 27 The Nova report sets out the assumptions underlying the calculation on pages 13 and 14 28 The fencing must have a minimum surface mass of 10 kg/m2 and should contain no holes or gaps 29 WSP Appendices 2 to 5 https://www.gov.uk/planning-inspectorate 17

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 97. The MOD explained that Beckingham is the Headquarters for the East Midlands and in their view is critical to military defence operations because of the three live firing ranges and extensive dry training area there. The expectation is of a significant increase in the use of the ranges and training area in the near future because of the proposed new cadet training centre to be built at the DTE and the closure of RAF Halton in 2025. Currently live firing on the ranges can occur seven days a week, with night firing (1700-2300 hours) eight times a month. Dry training (including the use of blank ammunition and pyrotechnics) can occur at all times and takes place in the woodland area to the west of the River Witham. 98. All parties agreed that the CIEH Clay Target Shooting Guidance on the Control of Noise (the CIEH guidance)30 is appropriate to apply in this case. The guidance measures noise from clay target shooting using the Shooting Noise Level (SNL) index. The measurement protocol requires duration of a continuous 30 minute period during shooting. A mean SNL, the arithmetic average of individual SNL, is used to gauge annoyance.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The number of individual SNL values depends on the purpose of the measurements. Both the Nova report and MOD use a single SNL, suggesting a degree of caution in interpreting the results. 99. The Nova report accepted that the calculated SNL of 61.0 would be a level where annoyance is likely to occur. However, the report reasoned the site would be suitable for residential development, drawing a comparison with other residential properties at similar distances to the firing ranges and assuming no history of complaints. 100. The MOD carried out monitoring on 25 January 2023 to test the validity of the Nova results. Data was captured when the 400m and 600m ranges were in use. The conditions were considered representative of firing activity and the associated noise that would be experienced by residents on the appeal sites. The calculated SNL was found to be 88.2 dB(A), a level where it is highly likely annoyance will occur. 101. The calculated SNL presented by the appellants is significantly different to that of the MOD. The monitoring positions were not the same, MP3 being closer to the wider site and more shielded by the block of woodland to the west.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision However, the CIEH guidance is that in general trees offer little sound attenuation unless the tree belts are sufficiently deep as to give some sound reduction due to the distance involved31. The expert evidence from the MOD was similar. The presence of the tree belt is unlikely to have affected results significantly. Of greater relevance the Nova SNL was derived from short term monitoring results over a single 30 minute measurement period, at a time when the period of firing activity was not continuous as the MOD explained. Even allowing for the purpose of the monitoring, the monitoring was insufficient to be representative of firing operations and environmental conditions. 30 Core Document 59 Clay Target Shooting: Guidance on the Control of Noise, Chartered Institute of Environmental Health, published January 2003 31 CIEH Clay Target Shooting: Guidance paragraph 4.7 “In general trees offer little sound attenuation unless the tree belts are sufficiently deep as to give some sound reduction due to the distance involved. Trees can also be responsible for undesirable echoes and sound scattering effects.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision If it is felt, in a particular location, that a deep dense belt of trees may offer attenuation, this will require a thorough evaluation over varying weather conditions before final decisions are made and any conditions set. https://www.gov.uk/planning-inspectorate 18

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision If it is felt, in a particular location, that a deep dense belt of trees may offer attenuation, this will require a thorough evaluation over varying weather conditions before final decisions are made and any conditions set. https://www.gov.uk/planning-inspectorate 18

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 102. According to the CIEH guidance research suggests that there is no fixed shooting noise level at which annoyance starts to occur. Annoyance is less likely to occur at a mean SNL below 55 dB(A), and highly likely to occur at a mean SNL above 65 dB(A). The likelihood of annoyance at levels within this range will depend upon local circumstances. At Beckingham, the background noise level due to traffic on the A17 (55dB as opposed to 45dB in the guidance) is one possible factor, although the CIEH guidance commented that “closer examination of sites with relatively higher background levels is necessary before the role of background noise in relation to annoyance can be better understood.”32 103. As to regularity and frequency of occurrence, MOD data over a three year period from 2020 to the end of 2022 shows that the ranges are by no means used every day and the occurrences of ‘night time’ activity were very small. However, the trend is of increasing levels of use across all three ranges. The probability is this trend will continue, with increased night time activity.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Use of the dry training area could add to the amount of noise experienced but no detailed evidence was presented on its use from which to draw any conclusions. 104. In thinking about the likelihood of annoyance, the Nova comparison between the appeal sites and other nearby but unspecified residential properties is not helpful, not least because the houses in Beckingham are south of the A17. The CIEH guidance suggests research was inconclusive as to sensitivities in different communities33. There is no doubt however that the separation distances between the appeal sites and the firing ranges are well below the recommended minimum of 1km34. 105. Taking all these considerations into account I conclude on the technical evidence that annoyance is likely to occur with the current activity at Beckingham DTE and annoyance is highly likely to occur in future. No mitigation is proposed in the Nova report in relation to shooting noise and activities on the MOD ranges and dry training area. Internal and external areas of the caravan sites would be affected to varying degrees. 106.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The Nova work did not include noise emissions from the MOD facility in the modelling used to produce the noise contour maps and to inform the noise break-in assessment and external noise level assessment. The omission was based on a noise level of 55.0 dB L at MP2 and MP3, the closest measuring Aeq,t points to Beckingham DTE. The 55.0 dB figure at MP3 probably is an underestimate. The more appropriate reference figure in the Nova data was the SNL of 61.0, again probably an underestimate due to the length of monitoring period. Consequently, the sound level maps and the assessments are not fully representative of the acoustic environment. Effect on neighbouring military use 107. Planning Practice Guidance puts the onus on the agent of change (here the appellant) to clearly identify the effects of current and permitted activities and 32 CIEH Clay Target Shooting: Guidance paragraph 6.1 33 CIEH Clay Target Shooting: Guidance paragraph 6.1 “For a given exposure level, community annoyance was found to vary significantly between shoots, but no particular shoot characteristics or socio-demographic variables were seen to be associated with the degree of annoyance.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision There is some suggestion in the data that different sensitivities exist in different communities and that this affects annoyance, but the causes of differing sensitivities are not clear.” 34 CIEH Clay Target Shooting: Guidance paragraph 4.2 https://www.gov.uk/planning-inspectorate 19

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision There is some suggestion in the data that different sensitivities exist in different communities and that this affects annoyance, but the causes of differing sensitivities are not clear.” 34 CIEH Clay Target Shooting: Guidance paragraph 4.2 https://www.gov.uk/planning-inspectorate 19

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 to define suitable mitigation measures to avoid existing activities having a significant adverse effect on residents of the proposed scheme. The guidance explains this approach may not prevent all complaints but can help to achieve a satisfactory living or working environment and help to mitigate the risk of a statutory nuisance being found if the new development is used as designed. 108. The Nova report has not fully put into practice this approach in relation to Beckingham DTE, which could possibly increase the risk of complaints if not from existing residents but from future residents. The MOD operational activity is exempt from the statutory nuisance regime under the Environmental Protection Act 1990. Claims under the law of private nuisance can be made, although as illustrated by the case law referred to such claims are fact sensitive and success resulted where an exceptional change occurred. However, a possibility is that complaints may put pressure on the establishment to modify training activities and to take reasonable steps to be a good neighbour, as has happened in the past.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The likelihood of this occurring is less with a single plot than with a number of pitches and therefore is a more significant factor when considering the proposed developments on a cumulative basis. Other considerations 109. A person’s tolerance of noise and the likelihood of disturbance are affected by a range of factors, including the nature of the noise, the time, duration and frequency and the character of the area. Appellants in their oral evidence said they were not bothered at night by noise or when outside. However, I need to be mindful that permission usually runs with the land, occupation can change and may well be a home for children, young adults and others who have not had a lifetime of travelling and roadside living. Conclusions 110. A residential caravan site is a noise sensitive use. The data demonstrates that the acoustic environment of Plot 10 is adversely affected by two sources of noise, each source having quite different characteristics. The acoustic evidence indicates noise from the MOD facility is most likely to have an adverse effect on amenity, whereas road traffic noise would be less significant and capable of mitigation.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The introduction of a residential use close to the MOD facility would not be compatible with the aim of promoting good health and a good quality of life and should be avoided. 111. The proposal fails to comply with criterion (d) of Part Three of Policy S83, Policy S53 (7)(b) and Policy S54. The proposal would not achieve the standard of amenity and the effective management of noise sought through policies in the Framework and the NPSE. The probability of military operations or capability being adversely affected by a single caravan site is very low and would be more likely from cumulative development. Even so, Policy S84 is not supportive of the change of use to form Plot 10. Intentional unauthorised development 112. The Government policy on intentional unauthorised development was confirmed by a Written Ministerial Statement in December 2015 and has remained in place after the publication of the Framework. The policy was in response to concern about the harm caused, particularly in the Green Belt, where development is undertaken in advance of obtaining planning permission. https://www.gov.uk/planning-inspectorate 20

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 Where this occurs there is no opportunity to appropriately limit or mitigate harm that may be caused and a planning authority may have to undertake expensive and time-consuming enforcement action. Section 73A of the 1990 Act allows for planning permission to be sought and granted retrospectively but the policy introduces an aspect of intent. 113. In terms of the chronology, Council officers attended the site during the morning of 21 December 2021. Some hardcore had been laid and eight touring caravans had been brought onto the land. The Council say that in accordance with normal practice the officers advised those present to cease work. A temporary stop notice was served later in the day and on 23 December an ex parte injunction was obtained by the Council that prohibited further building/engineering works taking place and additional caravans being brought onto the land. A total of 17 planning applications were submitted on 30 December, the forms stating development commenced on 20 December 2021. The Council considered the applications were incomplete and after receipt of the requested information they were validated on 3 February 2022. 114.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision A second temporary stop notice was served on 17 January 2022 after the court refused to extend the injunction. Following further court proceedings an injunction was secured by consent, dated 7 February 2022. An additional 6 touring caravans and associated hard bases were allowed, together with temporary washing facilities. As a result a total of 14 touring caravans are permitted across the wider site. Time was allowed for the planning applications and any appeals to run their course. 115. There is no specific information about the appellant’s involvement, if any, in the initial development works, although the Order names the appellant as a defendant. The submission of a planning application and appeal on the appellant’s behalf also suggests knowledge that the development was unauthorised. There is little to show that the appellant lived on Plot 10 and it appears from the list of intended occupants that his interest in the land may have ended. 116. Intentional unauthorised development occurred and involved pre-planning. The laying of substantial amounts of hard core to create pitches and service roads resulted in a significant physical change and the loss of vegetation at the least.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision No prior engagement took place with the local planning authority to explore planning constraints, suitability of a residential use and requirements. Use of a sub-standard access has been ongoing and environmental harm has occurred. The appellant probably knew of the intended action, although their direct involvement is unknown. This policy consideration adds a moderate amount of weight against the proposals. Other Matters Scale 117. The Council considers the scale of the cumulative proposals would not respect the scale of the settled community in Beckingham, having regard to the CLLP spatial strategy and settlement hierarchy, PPTS policy on new traveller sites in open countryside and the preference expressed in the GTAA35 for small family sites. 35 Gypsy and Traveller Accommodation Assessment Final Report February 2020 https://www.gov.uk/planning-inspectorate 21

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 118. A new caravan site with 17 homes would be above the limited growth anticipated within or adjacent to Beckingham village to support its role and function as a small village within the settlement hierarchy (Policies S1 and S4). Nevertheless, some traveller sites in Central Lincolnshire have a similar number of pitches and Policy S83 encourages expansion of existing sites to accommodate multi-generational households. These considerations indicate that scale has to be assessed along with the effects of a development and whether it would fit harmoniously with its surroundings. Energy efficiency 119. Policy S7 of the CCLP requires all new residential development proposals to include an Energy Statement to demonstrate how the set standards of performance and the Policy S6 design principles for energy efficient buildings would be met. The ‘exceptional basis clauses’ do not exempt traveller accommodation from meeting this requirement. 120. The policies are directed towards buildings erected on housing sites rather than caravan sites but I agree with the Council that the energy performance of the static caravan and dayroom should be considered.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Compliance should be demonstrated prior to a decision rather than submission and approval of an energy statement being dealt with through a planning condition. Other Policy S83 requirements 121. The proposal for Plot 10 does not conflict with other local or national policies relating to flood risk, contamination, or agricultural land quality. The site plan shows sufficient space for vehicle manoeuvring and parking within the pitch, although this would be subject to confirmation through submission of additional details on layout. In view of the location of the pitch there would be no effect on the amenity of nearby residents through overlooking, overshadowing, loss of light or increase in artificial light or glare. Likely location of alternative sites 122. The appellants consider that weight should be given to the likely location of new sites in the countryside. The implication is that new sites to meet needs would result in harm to the countryside, a conclusion that is unsupported and over-generalised. Policy allows for traveller sites in a countryside location. Given past experience and the strategy in Policy S83 for meeting needs, acceptable sites in the countryside will be delivered.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The matter has no weight in the planning balance. Need for and supply of traveller sites Policy and CLLP process 123. Meeting the accommodation needs of Gypsies and Travellers and Travelling Showpeople in Central Lincolnshire is addressed through Policy S8336. The policy was informed by a Gypsy and Traveller Accommodation Assessment Final Report February 2020 (the GTAA) and a subsequent report Central Lincolnshire: Meeting the Accommodation Needs of Gypsies and Travellers dated April 2021 (the 2021 Report). 36 Policy S83 also covers the needs of Travelling Showpeople but my focus is on Gypsies and Travellers https://www.gov.uk/planning-inspectorate 22

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The matter has no weight in the planning balance. Need for and supply of traveller sites Policy and CLLP process 123. Meeting the accommodation needs of Gypsies and Travellers and Travelling Showpeople in Central Lincolnshire is addressed through Policy S8336. The policy was informed by a Gypsy and Traveller Accommodation Assessment Final Report February 2020 (the GTAA) and a subsequent report Central Lincolnshire: Meeting the Accommodation Needs of Gypsies and Travellers dated April 2021 (the 2021 Report). 36 Policy S83 also covers the needs of Travelling Showpeople but my focus is on Gypsies and Travellers https://www.gov.uk/planning-inspectorate 22

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 124. The GTAA identified a need for a total of 41 additional pitches between 2019 and 2040. This need is in respect of an ethnic based definition of Gypsy and Traveller, as opposed to the definition in Annex A to the PPTS, which was found to be discriminatory in the Lisa Smith judgement37. This need is broken down into 5 year periods, identifying a need to 2024 of 5 pitches. Beyond this a further 10 pitches are required from 2024-2029, 11 from 2029-2034, and 15 from 2034-2040. 125. The CLLP, in Policy S83 sets out a strategy to meet this identified need and to supply additional pitches. In summary, the components of the strategy are to resist the loss of existing sites, to support in principle proposals to extend existing sites or to provide additional pitches within an existing site, the allocation of two sites for Gypsy and Traveller use and consideration of proposals for new sites on their merits against the stated criteria, including a positive approach towards windfall sites. 126. The CLLP was adopted in April 2023, having undergone the required consultation and examination.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Through the examination process the appointed independent Inspectors had a duty to assess whether the plan had been prepared in accordance with legal and procedural requirements and if it was sound38. An Inspector’s role is not confined to considering representations. 127. The Inspectors identified eleven main issues upon which the soundness of the Plan depended. Gypsy and Traveller accommodation was considered as part of Issue 7 “Whether the policies relating to the type and mix of housing are justified, effective and consistent with national planning policy”.39 The

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Through the examination process the appointed independent Inspectors had a duty to assess whether the plan had been prepared in accordance with legal and procedural requirements and if it was sound38. An Inspector’s role is not confined to considering representations. 127. The Inspectors identified eleven main issues upon which the soundness of the Plan depended. Gypsy and Traveller accommodation was considered as part of Issue 7 “Whether the policies relating to the type and mix of housing are justified, effective and consistent with national planning policy”.39 The | Report concisely dealt with the two key matters and explained (i) why a | | --- | | modification was required to the policy in order to increase the need for | | additional pitches from 32 to 41 over the period 2019 to 2040, and (ii) why the | | needs of Gypsies and Travellers will be met over the plan period40. To suggest, | | as the appellants do, that regard was only given to the Lisa Smith judgemen | | and scrutiny was absent, misrepresents the examination process. |

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision | Report concisely dealt with the two key matters and explained (i) why a | | --- | | modification was required to the policy in order to increase the need for | | additional pitches from 32 to 41 over the period 2019 to 2040, and (ii) why the | | needs of Gypsies and Travellers will be met over the plan period40. To suggest, | | as the appellants do, that regard was only given to the Lisa Smith judgemen | | and scrutiny was absent, misrepresents the examination process. | and scrutiny was absent, misrepresents the examination process. 128. The serious accusation that the Inspectors did not carry out examination of

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision and scrutiny was absent, misrepresents the examination process. 128. The serious accusation that the Inspectors did not carry out examination of | the evidence base on the topic with due diligence and the necessary scrutiny is | | --- | | without foundation and is not a matter to be pursued through the current | | appeals. | The GTAA 129. The research undertaken drew on a number of data sources and included

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The GTAA 129. The research undertaken drew on a number of data sources and included | consultation with a range of stakeholders and surveys of Gypsy and Traveller | | --- | | families where there was a high 91% response rate. This approach is consisten | | with that outlined in the PPTS. The GTAA was an important part of the evidence | | base for the CLLP and was accepted to be robust. A detailed critique and re- | | examination of the GTAA is not merited. Nevertheless, I will address matters | | raised in the appellants’ submissions on need and supply, starting with the | | approach taken by the GTAA towards in-migration and cross boundary issues |

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision | consultation with a range of stakeholders and surveys of Gypsy and Traveller | | --- | | families where there was a high 91% response rate. This approach is consisten | | with that outlined in the PPTS. The GTAA was an important part of the evidence | | base for the CLLP and was accepted to be robust. A detailed critique and re- | | examination of the GTAA is not merited. Nevertheless, I will address matters | | raised in the appellants’ submissions on need and supply, starting with the | | approach taken by the GTAA towards in-migration and cross boundary issues | approach taken by the GTAA towards in-migration and cross boundary issues. 37 Smith v Secretary of State for Levelling Up, Housing and Communities & Others [2022] EWCA Civ 1391 38 The four tests of soundness are set out in paragraph 35 of the Framework. 39 Core Document 7 Central Lincolnshire Local Plan Review, Inspectors’ Report, March 2023 page 49. Appendix 13 to the Hearing statement indicates some of the questions raised by the Inspectors to inform an examination hearing session and the final report. 40 Core Document 7 paragraphs 238 and 239 https://www.gov.uk/planning-inspectorate 23

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision approach taken by the GTAA towards in-migration and cross boundary issues. 37 Smith v Secretary of State for Levelling Up, Housing and Communities & Others [2022] EWCA Civ 1391 38 The four tests of soundness are set out in paragraph 35 of the Framework. 39 Core Document 7 Central Lincolnshire Local Plan Review, Inspectors’ Report, March 2023 page 49. Appendix 13 to the Hearing statement indicates some of the questions raised by the Inspectors to inform an examination hearing session and the final report. 40 Core Document 7 paragraphs 238 and 239 https://www.gov.uk/planning-inspectorate 23 Appeal Decision APP/R2520/W/22/3300559

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 | | The GTAA considered the results of GTAAs undertaken by neighbouring and | | --- | --- | | nearby local authorities specifically in relation to need and travelling patterns. | | | The indication was of some accommodation need throughout the region but | | | none of those GTAAs suggested an accommodation need arising in their area | | | should be met within Central Lincolnshire. The statutory duty to cooperate wa | | | a matter addressed through the local plan process. The Statement of Common | | | Ground included the agreement that Central Lincolnshire will meet all of its | | | housing and employment needs and is not tasked with meeting unmet needs | | | from elsewhere41. The Inspectors concluded that the duty to cooperate had | | | been met and from my point of view that is final. Nothing the appellants have | | | said persuades me that specific traveller site provision should be made in | | | Central Lincolnshire to accommodate need arising in Newark and Sherwood | |

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Central Lincolnshire to accommodate need arising in Newark and Sherwood. 131. It is worth restating that the CLLP is a joint local plan covering three local authority areas. Likewise, the GTAA covered the three local authority areas. In assessing current residential need for the period 2019-2024, the GTAA looked at a number of potential demands, including new family units expected to arrive from elsewhere. A net inflow of 0 units in the study area is entered into the need table. The rationale was that in the absence of any data derivable from primary or secondary sources (beyond anecdotal evidence) on the moving intentions of those outside the study area moving into the study area, as in the case of those moving out of the area, it was assumed that the inflow of Gypsies and Travellers into the area will be equivalent to the outflow. Together these amount to a net inflow of 0 units in the study area. The consultation with stakeholders across Central Lincolnshire and neighbouring authorities and the survey work informed this conclusion. No past trend of in-migration was identified and the picture from the survey work and consultation with families residing in the study area is of a stable population. 132.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The GTAA presents data on unauthorised encampments from two sources over the whole study area. The MHCLG data, considered by the GTAA to be of limited accuracy, showed a very slight upward trend in the number of caravans (to 16) over the period January 2016 to July 2019. The more detailed data from Lincolnshire County Council showed variation in the number of unauthorised encampments recorded per year, with a maximum of 17 in the period 2017/18 and 12 in the 2016/2017 and 2019/20 periods. During the GTAA survey in December 2019 there were no households surveyed on unauthorised encampments within the study area, although there were two pitches on an unauthorised development. 133. Using this data, the estimate of the current residential need for permanent residential site pitches 2019-2024 included 2 pitches for family units on unauthorised developments. No pitches were entered for family units on unauthorised encampments. However, the stakeholder consultation indicated one of the main reasons unauthorised encampments take place is the lack of transit provision. It follows that the GTAA addresses the unauthorised encampments under the heading transit provision and not within the need for additional permanent pitches.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The GTAA recommended the three Central Lincolnshire authorities adopt a negotiated stopping policy. There is no evidence in the appellants’ reasoning that causes me to question the GTAA analysis. 41 See Inquiry Document 10 https://www.gov.uk/planning-inspectorate 24

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The GTAA recommended the three Central Lincolnshire authorities adopt a negotiated stopping policy. There is no evidence in the appellants’ reasoning that causes me to question the GTAA analysis. 41 See Inquiry Document 10 https://www.gov.uk/planning-inspectorate 24

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 134. The GTAA, particularly through the household surveys, identified that some multi-generational households were overcrowded and in need of additional pitches. This results in a need of 4 pitches in the first five year period. The break down into the three local authority areas shows this need occurs in West Lindsey. The appellants consider overcrowding also occurs in North Kesteven on the Paddocks and Poplar Meadows sites, based on a comparison of two aerial photographs dated April 2018 and 2023 and information on the planning history. The purported high level of touring caravans is regarded as representing doubled up or overcrowded pitches. It is concluded the GTAA failed to account for at least 10 concealed households in North Kesteven District. In my view this supposition related to a date in 2023 does not provide robust evidence to conclude the GTAA underestimated need, remembering the GTAA findings were derived from extensive face to face on-site household surveys carried out towards the end of 2019.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Clearly the GTAA final report dated February 2020 could not take account of events, activities or information that post-dated its completion, such as the caravan count figures for July 2022, also referred to by the appellants. 135. Turning to the supply side of the equation, the current residential supply includes 18 available ‘unused residential pitches’, of which 4 are on a private site in North Kesteven. The appellant considers these 4 pitches cannot be relied on because ‘unused’ does not necessarily result in available sites. I note that although the word ‘unused’ is in the description for the Tables, the word ‘vacant’ is the descriptive word in the commentary text in the GTAA. These 4 pitches were identified through the survey work on the ground and the appellants produce no factual evidence to contradict the GTAA. There is no justifiable reason to exclude these 4 pitches from supply. 136. Another category of supply is ‘number of residential pitches expected to become vacant’. A supply of 2 pitches was derived for the period 2019 to 2024 based on mortality rates. The appellants were troubled by the inclusion of this source of supply.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision I consider there is nothing objectionable to including 2 such pitches, although they may not fall within the ‘deliverable’ category. 137. There are 11 residential pitches planned to be built or be brought back into use, 2019-2024. I am satisfied from the explanation in the GTAA that these pitches are justifiably included. The test for their inclusion is not that they should be available to the appellants now. 138. The GTAA indicated a local target of 5 pitches for the first five years of the plan period and 10 pitches for the period 2024-29 (ethnic definition). After the 2020 GTAA was concluded the supply of pitches was updated to take account of subsequent planning permissions42. This information was available to the CLLP examination process43. 139. There is no evidence on the planning history to support the appellants’ assertion the permission reduced the number of caravans on the Piggeries site. The description of development and the brief comments in the Council’s evidence44 indicate permission was granted for the number and type of caravans applied for.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision A second permission for 12 pitches, although granted 42 Core Document 4 Central Lincolnshire: meeting the Accommodation Needs of gypsies and Travellers April 2021 43 Appendix 13 to the Hearing statement; Core Document 6 Central Lincolnshire Examination Note on Gypsy and Traveller Provision 12 December 2022 44 Proof of N Feltham at paragraph 4.15 https://www.gov.uk/planning-inspectorate 25

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision A second permission for 12 pitches, although granted 42 Core Document 4 Central Lincolnshire: meeting the Accommodation Needs of gypsies and Travellers April 2021 43 Appendix 13 to the Hearing statement; Core Document 6 Central Lincolnshire Examination Note on Gypsy and Traveller Provision 12 December 2022 44 Proof of N Feltham at paragraph 4.15 https://www.gov.uk/planning-inspectorate 25

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 retrospectively, illustrates acceptable windfall sites can contribute to the overall stock of traveller pitches. The GTAA data indicates the previously unauthorised development on this site in West Lindsey did not exist in December 2019. An additional 5 pitches on land off Laughton Road, Blyton (also listed in the supply update) demonstrates a successful expansion/intensification of an existing site. Conclusions 140. The GTAA was a robust evidence base to establish accommodation needs to inform the preparation of the CLLP and make planning decisions. In producing the CLLP a supply of specific deliverable sites sufficient to provide 5 years’ worth of sites against the locally set target was identified. Recent planning permissions demonstrate the success of the approach in Policy S83 to providing additional pitches. The CLLP was adopted in April 2023 and so an annual update of the 5 year supply is not due until next year. That would be the appropriate time to review the requirements for residential pitches over the period 2024 to 2029 and the assumptions in the GTAA underlying the 2024 base figures. 141.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The current need of the appellant and the appellant group for a permanent site was not and could not have been identified in 2020 within Central Lincolnshire and hence their needs were not included in the locally set target. In line with the CLLP strategy, meeting their need within the District would be through identification of a windfall site that satisfies the Policy S83 criteria. 142. The probability is that a significant need for additional traveller sites exists across the sub-region. The progress, or lack of progress, of the relevant local authorities in bringing forward a supply of sites to meet outstanding needs should be evidenced based and not reliant on assumptions of the appellant’s planning witness. The generally recognised national need for sites is also a relevant consideration. Personal need, alternative sites and personal circumstances 143. There is very little information about the appellant and the probability is he no longer has an interest in the plot. That being so his personal need does not weigh in favour of allowing the pitch to remain. 144. The stated future occupiers are Luke Clee (the appellant for Plot 14 and the brother of Kevin Clee45) and Julie Clee.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision They did not provide any personal evidence. 145. The Council’s general position is that pitches are available in the District and there is considerable doubt about the appellants’ claim they inevitably would be made homeless if the appeal is dismissed. Reference is made to the ‘churn’ in ownership and occupation across the wider site. Attention was drawn to the lack of information provided by the appellants and reliance had to be placed on high level details obtained through a welfare assessment carried out by officers. More specifically, the Council saw Luke Clee on the land in February 2023 (for the service of papers) but has not seen Julie Clee over several visits. 146. The fact that Luke Clee and Julie Clee have not occupied the pitch does not necessarily mean they have alternative site. However, the absence of any supporting information is not helpful to their case. 45 See appeal decisions for Plots 13 and 14 for information about Kevin Clee and his family. https://www.gov.uk/planning-inspectorate 26

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 Mitigation and planning conditions Statutory provisions and policy 147. The general power to impose planning conditions when granting planning permission is in section 70(1) of the 1990 Act. The 1990 Act section 72(1)(a) provides for conditions to be imposed on the grant of planning permission for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made), or requiring the carrying out of works on any such land, so far as expedient for the purposes of or in connection with the development authorised by the permission. 148. Planning Practice Guidance advises that when used properly, conditions can enhance the quality of development and enable development to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effect. Planning conditions should be kept to a minimum, and only be imposed where they meet the six tests. Conditions that place unjustifiable and disproportionate financial burdens on an appellant are not reasonable. 149.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Planning Practice Guidance also states conditions cannot require that land is formally given up (or ceded) to other parties. Conditions requiring works on land that is not controlled by the applicant, or that requires the consent or authorisation of another person or body often fail the tests of reasonableness and enforceability. It may be possible to achieve a similar result using a condition worded in a negative form (a Grampian condition). Proposed conditions 150. The lists of conditions prepared by the Council and by the appellant group were discussed at the inquiry and as a result amended lists of conditions were submitted. The two lists cover similar matters, although there are significant differences in the detail of the wording of some conditions. Various matters were addressed by the Council and the appellants in their closing submissions. 151. Conditions are appropriate to control the number and type of caravan on the pitch, to limit occupation to Gypsies and Travellers, to exclude business activity and the parking of larger commercial vehicles on the appeal site and to maintain the required highway visibility splay free of obstruction. 152.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision As regards outstanding or to be amended proposals, the appellant group rely on a planning condition as the mechanism for the provision and approval of a site development scheme for each pitch. The scheme is intended to cover improvements to the main site access, the internal layout of the site, hard and soft landscaping, external lighting, acoustic mitigation (for the static caravan and the provision of an acoustic barrier), surface and foul water drainage, biodiversity net gain plus avoidance, mitigation, and or compensation46. The Council’s condition covered the same matters but also included an energy statement, which I understand is acceptable to the appellant group. 153. In general, such matters are capable of being dealt with by condition, as illustrated in various appeal decisions submitted by the appellant. However, the CLLP expects design solutions to be factored into the development process as 46 The wording of the proposed condition was the same for all appeals/Plots. https://www.gov.uk/planning-inspectorate 27

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 early as possible with a view to achieving good design. As decision-maker on the acceptability of the proposed material change of use, I have considerable concern about the number of important matters to be resolved through a site development scheme and lack of clarity over proposed solutions for the appeal site. Uncertainty on whether a condition can be discharged, raised in the closing submissions on behalf of the appellant group, is a different matter. 154. The unsatisfactory position is reinforced by the approach to pursue individual development sites and the inconsistency with the supporting technical reports. The recommendations on design and mitigation in the ecological report and the Nova report and the illustrative landscape strategy were directed at a single development covering all the Land, not individual pitches and the associated length of service road. A comprehensive approach is more likely than a piecemeal approach to produce a well planned development with enhancements to the environment and promoting opportunities for healthy lifestyles.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Whilst verbal assurances were given at the inquiry that residents would work together and support one another if necessary, this is not an acceptable way forward and enforceable mechanisms are required. I place no reliance on the potential for coordinated proposals for the wider site. 155. As noted earlier the application site is tightly defined around the pitch, the internal access road and main site entrance. As far as the evidence shows the appellant does not control any land outside the defined site. Bearing in mind each proposal is for a single pitch, the scope of mitigation in terms of landscaping and biodiversity would have to be relevant, necessary and reasonable to that development to be enforceable. The provision of acoustic mitigation could only be reasonably required to relate to noise mitigation for the plot. No explanation has been given on the form of surface water drainage envisaged, which on the appellants’ wording should be based on sustainable drainage principles and include management and maintenance arrangements. I am not satisfied the six tests are met on this proposed condition. 156.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision There was acceptance by the main parties that development has begun and a permission would be granted retrospectively. In this situation it is not possible to use a Grampian negatively worded condition to secure the approval of and, if necessary, implementation of works before the development or occupation takes place. A condition would have to be worded with a strict timetable for compliance of submission of the required details (the appellant is seeking 6 months), allowance of 11 months for a decision by the local planning authority and the possibility of an appeal. The process could take up to two years or so. As it stands the timescale for implementation of any approved scheme is unknown. Sunset Park Homes example 157. The appellant considered the Sunset Park Homes case47 as the most comparable example to the appeal proposals and was referred to by their planning witness on numerous occasions in oral evidence. The case also was used to illustrate the approach to the application of conditions in a situation where there are multiple application/appeal pitches forming a wider cohort of development. 47 WSP Appendix 10 https://www.gov.uk/planning-inspectorate 28

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 158. The Inspector explained there were 21 appeals each relating to a different Plot on the wider site comprising all 21 Plots. The planning history was extensive, so that in total the appeal sites had a permitted use for 21 static caravans/mobile homes, one on each of the plots and a maximum of 28 touring caravans. The proposal was to increase the number of static caravans to a total of 85 in accordance with the individual planning appeals. No provision was made for any touring caravans on any of the Plots. The development proposed in each appeal was worded Retention of x no. static caravans, reflecting the fact commencement had taken place. 159. The Inspector concluded the proposed developments would be environmentally, socially and economically sustainable and would comply with the development plan as a whole. It was not necessary to take account of the personal accommodation needs of the occupants of the Site.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Regarding planning conditions, the site development scheme in all cases was to comprise the internal layout of the site, means of foul and surface water drainage and water supply, external lighting, provision of an electric vehicle charging point and a scheme to achieve biodiversity net gain. Details of landscaping were only required in the scheme for Plots 1, 1A and 2 to address the Whitfield Road frontage. A landscape strategy formed part of the proposals and modification of front boundaries agreed. The Inspector was satisfied it should be possible to accommodate the proposed landscaping in a manner similar to the strategy. 160. This summary highlights the case differed significantly from the current appeals. The proposals were not for material changes of use of agricultural land to caravan sites. Residential development already existed, served by an acceptable means of access. The number of issues in dispute were fewer and were not of a technical nature. The anticipated mitigation was not so extensive or interrelated between plots. Reliance could be placed on the submitted landscape strategy. The planning balance was firmly based on compliance with the development plan.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision There were no inconsistencies in information on land ownership, control of land or occupation. All matters considered, the approach followed in the Sunset Park Homes case is not directly applicable to the greater complexity of the current appeals. Planning balance 161. Drawing together my conclusions, the CLLP is up to date and has a strategy in place to increase the number of traveller sites in appropriate locations, to address under provision and maintain an appropriate level of supply. The site is not in an acceptable location because of the effect of the nearby MOD training facilities on the acoustic environment and no safe access by foot exists. Good design has not been demonstrated. These strong objections to granting a permission cannot be overcome by imposing planning conditions. Overall, the proposed traveller site is not a well planned, sustainable form of development in an appropriate location. 162. The proposal when considered on its merits fails to comply with Policy S83 Part Three, Policy S53, Policy S7 and Policy S47 regarding use of sustainable travel modes. There is a degree of but not full compliance with Policies S59, S60 and S61.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Policy S84 Part Two (military establishments) is not supportive of the development. No policy conflict arises in terms of Policy S57 (historic environment) and Policy S21 on disposal of foul drainage (subject to compliance with a condition). In conclusion, the proposal is contrary to the https://www.gov.uk/planning-inspectorate 29

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Policy S84 Part Two (military establishments) is not supportive of the development. No policy conflict arises in terms of Policy S57 (historic environment) and Policy S21 on disposal of foul drainage (subject to compliance with a condition). In conclusion, the proposal is contrary to the https://www.gov.uk/planning-inspectorate 29

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 development plan when read as a whole. Intentional unauthorised development adds a moderate amount of additional weight against the proposal. 163. In support of the proposal, national need and sub-regional need for additional pitches has moderate weight. The proposed pitch would make a minor addition to pitch supply and in so doing would facilitate the Gypsy way of life and promote equality of opportunity. By providing a home, the site contributes to the social objective identified in the Framework and PPTS. 164. However, in the context of national policy, the site is not in an appropriate location to promote the health and well-being of the occupiers and the proposal is not well designed. As a result the development does not perform well in meeting environmental, social and economic objectives and in providing a good standard of amenity for the occupiers. Policy conflict occurs when the proposal is assessed against the locally specific criteria. The use of planning conditions could secure mitigation but the evidence fails to demonstrate a good standard of development would be delivered and the identified harms would be successfully addressed.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Sustainable development would not be achieved and the proposal fails to comply with national policy. To grant a planning permission for an unacceptable site in an inappropriate location would be unlikely to foster good relations between the occupiers and the settled community. 165. The balance is strongly against the development in terms of the development plan, the Framework and PPTS. Personal need and circumstances of the appellant have very little weight. Personal need and circumstances of the proposed occupiers have a small amount of weight. Therefore this consideration is insufficient to change the balance in favour of the development. My initial conclusion is that the proposal is not acceptable, whether in terms of a permanent planning permission or a personal permission. 166. Consideration of the plot’s contribution to harmful cumulative effects reinforces this conclusion on the unacceptability of the proposed development. Human rights and proportionality 167. As explained the appellant appears to have no further interest in the site and no information on personal circumstances has been submitted. Article 8 rights are engaged by reason of the intended occupation of the plot by Luke Clee and Julie Clee.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision The means used to impair an individual’s rights must be no more than is necessary to accomplish the public interest aims. 168. The interference would arise from exercising a statutory function and be in accordance with the law. The interference would be necessary in pursuit of a legitimate aim to protect the environment through the regulation of land use. In considering whether the interference would be proportionate the proposed occupiers did not take the opportunity of the inquiry proceedings to explain why a home on this pitch would be in their interests and how it would promote the enjoyment of family life48. No children are resident on the pitch and no reference is made to dependants in the suggested planning condition. 169. In terms of the public and community interest, the regulation of land use is in accordance with a statutory framework. The purpose of the planning system is to contribute to the achievement of sustainable development by fulfilling 48 Mr Kevin Clee’s evidence did not cover this matter. https://www.gov.uk/planning-inspectorate 30

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Appeal Decision APP/R2520/W/22/3300559 environmental, social and economic goals. The CLLP is up to date and consistent with national policy in providing for sustainable growth whilst enhancing the area’s environmental assets and natural resources. I have concluded that the proposal is not in accordance with the development plan and would not be a sustainable form of development in an appropriate location. 170. Balancing the considerations and best interests of the occupiers against the identified community interests, the interference with the rights of proposed residents is necessary and proportionate to safeguard the wider public interest. A permanent planning permission should not be granted. A personal permission is not justified. Temporary permission 171. A grant of temporary planning permission would allow time for an acceptable alternative site to come forward to avoid the occupiers having to rely on a roadside existence. The extent of mitigation required would have to be reasonable and proportionate to the proposed period of three years. 172. The suggested list of conditions indicates the scope any mitigation and improvement works.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision Consequently, over that period the probability is a below standard access would continue in use, habitat and landscape features would not be protected, no biodiversity gain would be achieved and harm to countryside character would remain. No noise mitigation would be secured. Acceptable foul and surface water may be provided. No restoration scheme has been submitted and no reliance can be placed on achieving environmental gains. Residents would have access to services and facilities only if they had access to a car. The site is not in an acceptable location and considerable harm would continue, albeit for a time-limited period. However, I have to keep in mind that temporary permissions for other pitches would increase the level of harm over the period (the cumulative effect). 173. On the positive side of the balance, benefits resulting from a temporary permission would be small given that there is no shortfall of sites when measured against the locally set target in Central Lincolnshire. Personal need and circumstances have not been substantiated. 174.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Appeal Decision A time-limited permission, with or without a personal element, is not in accordance with the development plan and other considerations are insufficient to justify a permission. All matters considered my conclusion is that it is necessary and proportionate to dismiss the appeal. Conclusion 175. For the reasons given above the proposed change of use is not in accordance with the development plan and there are no considerations that indicate a decision should be made other than in accordance with the development plan, even for a time limited period. The appeal will be dismissed. This outcome is necessary and proportionate and will not violate the human rights of the appellant or the proposed occupiers. Having had due regard to the PSED, the decision is proportionate to achieving the legitimate planning aims.

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis INSPECTOR https://www.gov.uk/planning-inspectorate 31 Appeal Decision APP/R2520/W/22/3300559 APPENDIX 1: List of appeals

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis Appeal Decision APP/R2520/W/22/3300559 APPENDIX 1: List of appeals | Reference | Case Reference | Appellant | | --- | --- | --- | | Appeal Plot 1 | APP/R2520/W/22/3300464 | Ms Michelle Price | | Appeal Plot 2 | APP/R2520/W/22/3300490 | Ms Nicole Price | | Appeal Plot 3 | APP/R2520/W/22/3300497 | Mr Alan Knight | | Appeal Plot 4 | APP/R2520/W/22/3300505 | Mr Alan Knight | | Appeal Plot 5 | APP/R2520/W/22/3300513 | Mr James Evans | | Appeal Plot 6 | APP/R2520/W/22/3300520 | Ms Beryl Price | | Appeal Plot 7 | APP/R2520/W/22/3300522 | Mr Danny Price | | Appeal Plot 8 | APP/R2520/W/22/3300527 | Ms Naomi Varey | | Appeal Plot 9 | APP/R2520/W/22/3300540 | Mr Michael Pemberton | | Appeal Plot 10 | APP/R2520/W/22/3300559 | Mr Drewey Price | | Appeal Plot 11 | APP/R2520/W/22/3300567 | Mr Billy Joe Loveridge | | Appeal Plot 12 | APP/R2520/W/22/3300580 | Mr Steve Finney | | Appeal Plot 13 | APP/R2520/W/22/3300586 | Mr Kevin Clee | | Appeal Plot 14 | APP/R2520/W/22/3300594 | Mr Luke Clee | | Appeal Plot 15 | APP/R2520/W/22/3300606 | Mr Linchum Price | | Appeal Plot 16 | APP/R2520/W/22/3300612 | Mr Douglas Price | | Appeal Plot 17 | APP/R2520/W/22/3300619 | Mr Douglas Price |

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis https://www.gov.uk/planning-inspectorate 32

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis https://www.gov.uk/planning-inspectorate 32

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis Appeal Decision APP/R2520/W/22/3300559 APPENDIX 2 APPEARANCES FOR THE APPELLANT: Scott Stemp Barrister, instructed through direct access He called Brian Woods BA MRTPI Managing Director WS Planning & Architecture Robert Petrow Managing Director of Petrow Harley Limited Michelle Price The Appellant Beryl Price Appellant Plot 6 Nicola Price Appellant Plot 2 Danny Price Appellant Plot 7 Sean Williams Occupier Plot 11 Kevin Clee Appellant Plot 13 Douglas Price Appellant Plots 16 and 17 FOR THE LOCAL PLANNING AUTHORITY: Jack Smythe Barrister, instructed by a Solicitor to the Council He called Peter Tufnell DipTP MRTPI Principal of Tufnell Town & Country Planning Nick Feltham BA(Hons) Assistant Development Manager M.Plan David Broughton MCIEEM Associate Ecologist at Aecom Limited CEnv Jennifer Moffatt MSc Planning Adviser, The Environment Agency AssocRTPI Peter Rogers BSc MSc Team Leader of Environmental Protection Team MCIEH FOR THE RULE 12 PARTY: Esther Drabkin-Reiter, Mark Instructed by the Government Legal Department Westmoreland-Smith, of Counsel They called Dean Walters CEnv Senior Environmental Manager, Defence Infrastructure Organisation Mathew Darby Training Safety Officer, Defence Infrastructure Organisation

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis INTERESTED PARTIES: Philip Wells, Parish Councillor, Beckingham Parish Council Mrs Wiltshire Resident of ‘Plot 17’ Mrs Boswell Resident of Plot 8A https://www.gov.uk/planning-inspectorate 33

Plot 1 Land off A17 adjacent the River Witham, Sleaford Road, Beckingham, Sleaford, Lincs, LN5 0RQ — North Kesteven District Council — Diane Lewis INTERESTED PARTIES: Philip Wells, Parish Councillor, Beckingham Parish Council Mrs Wiltshire Resident of ‘Plot 17’ Mrs Boswell Resident of Plot 8A https://www.gov.uk/planning-inspectorate 33 Appeal Decision APP/R2520/W/22/3300559 DOCUMENTS submitted at the inquiry 1 Opening Note on behalf of the Appellants 2 Opening submissions of the Council 3 Opening statement on behalf of the Secretary of State for Defence 4 Overlay plan 5 Official List Entry Church of All Saints 6 Beckingham Conservation Area Appraisal 7 Application Plans for Plot 1 and Plot 13 8 Central Lincolnshire Local Plan Interactive Map 9 Email Correspondence between the Council and RRR Consultancy 10 Information on Duty to Cooperate 11 Bundle on Poplar Meadows 12 Revised list of planning conditions (Council) 13 Conditions Addendum 1 and Addendum 2 (Council) 14 Revised proposed conditions and temporary permission conditions (Appellants) 15 High Court Injunction 7 February 2022 16 Closing Statement (with supporting judgements) on behalf of the Secretary of State for Defence 17 Closing submissions of the Council 18 Closing Note on behalf of the Appellants https://www.gov.uk/planning-inspectorate 34