Appeal 6000628

The appeal is allowed and planning permission is granted for use of the land as a tourism accommodation site including the stationing of three self-contained glamping pods (converted containers); reception/bike store; bin store; parking and landscaping at [name] & Camping Site, B3401, Calbourne, [site address] [postcode] in accordance with the terms of the application, Ref 24/01919/FUL, and the plans submitted with it, subject to the conditions in the attached schedule.

The third reason for refusal on the decision notice related to the impact of the proposal on bats. The appeal was accompanied by: • An updated [name] ([name], May 2025) • A Light Spillage Report ([name], 01/07/2025) • A Lighting Strategy (Eco-Check, July 2025) • [name] numbered 24-105-022 [name] and 24-105-025 The Council has confirmed that, subject to implementation of the lighting strategy, these documents demonstrate that there will be no significant adverse impact on bats, so this reason has been overcome. The amended drawings only involve a reduction in the number of windows and the provision of louvres to reduce light spill. They do not, therefore, significantly alter the proposal, so my consideration of them will not be prejudicial to any other parties.

The fourth reason for refusal related to the impact of the proposal on the Solent Special Protection Area (the SPA) as a result of increased recreational disturbance. During the appeal, the appellant submitted a [name] dated 15 October 2025, under Section 106 of the Act (the UU), which secures a financial contribution towards habitat mitigation measures in accordance with the [name]. The Council has confirmed that the UU overcomes this reason for refusal.

Therefore, the main issues are: a) Whether the site is suitable for the proposed use, bearing in mind the spatial strategy of the development plan and the accessibility of services and facilities; and, b) The effect of the development on the rural character and appearance of the

The spatial strategy for the area is set out in Policy SP1 of the Island Plan Core Strategy1. It supports the principle of development on appropriate land within or immediately adjacent to defined settlement boundaries. Proposals outside of, or not immediately adjacent to these settlements, are not supported, unless a specific local need is identified. However, an exception is made for tourism related development, which is supported outside settlements in accordance with Policy SP4. So, although the site is located away from any defined settlements, the proposal would accord with the spatial strategy if it met the requirements of Policy SP4, which supports sustainable growth in high quality tourism, and proposals that increase the quality of existing tourism destinations and accommodation across the Island.

The site is currently used as a certified campsite under the provisions of the [name] and Control of Development Act 1960. The license permits the stationing of five caravans/motorhomes and ten tents at any one time. The evidence indicates that this use has been in place for at least 14 years. So, whilst there is no specific planning permission for the use, it is well-established, and there is no indication that it will not continue. The site is open all year round, but the appellants’ evidence states that it is mainly used between March and November, and that most users are residents of the Island.

The proposal involves the siting of three former shipping containers converted to luxury holiday accommodation for two people, together with a smaller container for use as a reception/office/storage unit. The scheme would operate on an all-year-round basis for short term holiday rentals. Each unit would provide comprehensive living accommodation and a decked area with outdoor kitchen and bathtub. They would be equipped to a high standard, including a fully fitted kitchen and log burner. The three glamping pods would be dispersed around the site, with existing trees and proposed landscaping providing privacy for occupants. Car-parking would be limited to the area around the reception building, near to the entrance, providing a car-free environment around the accommodation.

The proposal would, therefore, increase the quality of the tourist accommodation on the site, which would accord with the first aim of Policy SP4. The nature of the accommodation would make it suitable for use at any time of the year, which would also assist with the aim of Policy SP4 to see the Island become an all-year-round tourist destination. Paragraph 5.158 of the Island Plan Core Strategy 1 Island Plan: The [site address] Council Core Strategy (including Minerals & Waste) and Development Management Policies Development Plan Document (March 2012) identifies the aspiration to increase the economic prosperity of the Island by increasing the proportion of high end/high value visitors to the Island over the whole year. The high-quality accommodation proposed is more likely to attract such visitors than the current simple campsite. Policy SP4 says that tourism-related development proposals should offer a range of styles, types, and quality of provision, making use of current or former tourism sites wherever possible. In all of these regards, the proposal would be closely aligned with the aims of Policy SP4.

The site lies in open countryside, midway between Newbridge and Calbourne, both of which are less than 1km away. However, these settlements provide little in the way of services and facilities. The larger settlements of Shalfleet and Brightstone lie two or three kilometres away. There is a bus service that runs past the site, but the nearest stops are over 450m away in both directions and there are no pavements or street lighting. Occupants of the site would have to walk on an unmade grass verge to reach them, which would be an unattractive option in inclement weather, or in the dark. Consequently, the range of facilities that could be accessed by means other than the private car would be limited.

The Council contends that the only facility within safe walking distance is The Sun Inn at Calbourne. However, this ignores the fact that there is a direct pedestrian link from the site to [address] immediately to the south. [address] is a tourist attraction with facilities including a café, gift shop, and adventure golf, so would be an easily accessible destination for occupants of the appeal site. The appellants’ business plan includes the provision of two electric bikes and an electric vehicle for guests to hire. Furthermore, I am advised that buses do stop at the entrance to the appeal site on request. Consequently, while the site is not close to a range of services and facilities, occupants would have alternatives to the private car for some destinations.

In any event, neither Policy SP4 nor its supporting text requires that new tourist accommodation should be close to services or facilities, or that it should be accessible by public transport. Paragraph 5.167 acknowledges that a wide range of opportunities exist across the Island to improve the quality of the tourism offer and that, whilst the spatial strategy directs development into mainly urban areas, a great number of the Island’s tourism facilities are in rural areas. The Policy supports sustainable growth in high quality tourism. The test for what constitutes sustainable growth lies in Paragraph 5.159, which says that proposals should utilise the high quality built and natural environments of the Island without compromising their integrity.

The proposal would use an existing campsite to provide accommodation of increased quality that would be suitable for all-year round occupation. Consequently, provided it would not harm the integrity of the surrounding natural environment, it is supported by Policy SP4 of the Island Plan Core Strategy and, as a result, would accord with the spatial strategy set out in Policy SP1.

The appeal site is a fairly level grass field with a high hedgerow along the roadside boundary. It lies in open countryside, with grass fields to the west, and also on the opposite side of the road to the north. A small area of woodland borders the site to the east, with [address] beyond a belt of trees to the south. Whilst not carrying any protective designation, the surrounding area is an attractive landscape of agricultural fields and woodland. Due to the topography, the adjacent woodland, and the roadside hedge, the site is not widely visible, with public views mainly limited to the road passing the site.

At the time of my visit in winter, the site was partially visible from the road through the defoliated boundary hedge, with clear views through the access gate. There were no caravans or tents on the site. A storage container to the east of the access gate was largely hidden by a group of trees on the frontage, and the toilet block and picnic area towards the rear of the site were not prominent features, as they are within a group of trees. Consequently, during the winter months, the site has the appearance of an undeveloped grassy paddock, with little permanent evidence of its campsite use. [name] and November, however, any caravans, motorhomes, and tents would be readily visible through the site access.

The four glamping pods would be dispersed around the site, with Unit 3 largely hidden by the existing roadside copse and additional proposed planting. Units 1 and 2 would be set towards the rear of the site, with proposed planting to screen views through the site access, so they would not be prominent from the road. The reception container would be close to the roadside boundary, and would be discernible through the winter months, but well-concealed when the roadside hedge was in leaf. Overall, the wide spread of the structures over such a large site, together with the existing and proposed planting would result in the site maintaining an open, rural character.

Whilst shipping containers would not ordinarily be a sympathetic addition to the countryside, in this instance they would be painted black, so would visually recede into the boundary hedges and trees. They would also be in a landscaped setting, so that their angular form would be less apparent. As the decking would be at ground level, it would not be readily discernible on any of the units from outside the site. Consequently, the proposal would have a very limited impact on the character and appearance of the site and the wider surrounding countryside.

I recognise that the containers would be in place throughout the year, unlike the transient caravans and tents associated with the existing use. However, during the period between March and November, a haphazard array of shiny caravans and brightly coloured tents, with their attendant vehicles, would be a much more obvious and incongruous addition to the rural environment than the four suitably located dark-coloured containers, with cars hidden in a landscaped area behind the roadside hedge. For this period of the year, therefore, the proposal would enhance the character and context of the local area, in accordance with the requirements of Policy SP1 of the [name].

This enhancement would be balanced, to some extent, by the continued presence of the containers on the site in winter when, in all likelihood, the existing use would see few, if any, caravans and tents on the site. However, even in these months, the net impact of the proposal would be very limited due to the boundary screening, the dark colour of the containers, their widespread nature, and the proposed landscaping. This limited harm would be outweighed by the enhancement that would be apparent for the greater part of the year, when caravans and tents would otherwise be present.

Overall, therefore, I conclude that the proposal would not harm the rural character and appearance of the site and its surroundings. Thus, the proposal would accord with Policies SP5, DM2 and DM12 of the Island Plan Core Strategy, which seek, amongst other things, to ensure high-quality developments that protect, conserve and/or enhance the Island’s landscape. As the integrity of the surrounding natural environment would be maintained, the proposal would also accord with Policy SP4, which means it would comply with the spatial strategy set out in Policy SP1.

In accordance with the legislation, I have imposed a condition limiting the period within which the development must commence. I have also included a condition specifying the relevant plans, as this provides certainty. The Council has submitted a schedule of suggested conditions to cover other matters, and the appellants have not contested any of these. Nevertheless, I have considered them against the advice in the Planning Practice Guidance. [name] have agreed that they meet the relevant tests, I have altered some of them, in the interests of clarity and precision, to better reflect the guidance.

Paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 provides that planning permission for the development of land in England is deemed to have been granted subject to the condition that development may not begin unless a Biodiversity Gain Plan (BGP) has been submitted to and approved by the planning authority. In this case, significant onsite habitat enhancements are proposed, which are required to be secured and maintained for at least 30 years under paragraph 9 of Schedule 7A. A pre-commencement condition requiring submission and approval of a [name] and Monitoring Plan, detailing how the habitats on site would be managed to achieve the aims of the BGP, is therefore necessary. No response was received within the prescribed period to the request for agreement to this pre-commencement condition. Nevertheless, in these circumstances, Regulation 2(1)(b) of the Town and Country Planning (Pre-commencement Conditions) Regulations 2018 allows planning permission to be granted subject to a pre-commencement condition without written agreement.

In order to avoid harm to protected species, conditions are also necessary to limit external lighting; to avoid harm during the construction phase; and to secure details of biodiversity enhancements. Furthermore, a condition is necessary to ensure the provision of a foul drainage system that protects ground water and watercourses from pollution, and prevents harmful impacts on the SPA.

To ensure that the development would not harm the rural character and appearance of the site and its surroundings, conditions are necessary to ensure the protection of trees; the submission and implementation of a landscaping scheme; the submission of external materials and finishes; and the removal of permitted development rights for future extensions and alterations. As the submitted plans lack sufficient detail, a condition is necessary to ensure that suitable car-parking and cycle storage are provided.

The proposal is only acceptable under the spatial strategy of the development plan because it complies with Policy SP4 of the Island Plan Core Strategy. Consequently, a condition is necessary to ensure that the glamping pods are only occupied as holiday accommodation.

For the reasons given above, I conclude that the appeal should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos 24-105-030 (Location Plan); 24-105-020 [name] (Proposed Site Plan); 24-105-021 [name] (Proposed Floor Plan and Cross Section – Unit); 24-105-022 [name] ([name] – Unit 1); 24-105-023 [name] (Proposed Floor Plan and Cross Section – Reception); 24-105-025 ([name] – Units 2 & 3)

The development shall not commence until a [name] and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority and including: a) a non-technical summary; b) the planned habitat creation and enhancement works to create or improve habitats to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; c) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and d) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority. Notice in writing shall be given to the Council when the HMMP works have started. The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP. Monitoring reports shall be submitted to the local planning authority in writing in accordance with the methodology set out in the approved HMMP.

No site clearance, preparatory work or development shall take place, until a scheme for the protection of all trees not previously agreed with the local planning authority for removal, has been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees shall be carried out as approved.

No development above ground level shall take place until details of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Prior to the first occupation of the glamping pods hereby approved, a minimum of 3 car parking spaces and 3 secure covered cycle parking spaces shall be provided, in accordance with details that have first been submitted to and approved in writing by the local planning authority. These spaces shall be permanently retained and kept available for the parking of cars and bicycles at all times thereafter.

Prior to the first occupation of the glamping pods hereby approved, foul drainage shall be connected to a Bio-Bubble package treatment plant in accordance with the details on the approved drawing No. 24-105-020 [name] and detailed within the [name] ([name], October 2024). This form of foul drainage shall be permanently retained thereafter.

Prior to the first occupation of the glamping pods hereby approved, details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority. These details shall include proposed finished levels or contours; means of enclosure; bicycle storage; hard surfacing materials; minor artefacts and structures (e.g. refuse or other storage); proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines). Soft landscaping details shall include planting plans (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes, and proposed numbers/densities, together with an implementation programme. The landscaping shall be completed in accordance with the approved details in the first planting season following occupation of the glamping pods, or in accordance with the approved implementation programme. Any trees or plants which within a period of 5 years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the local planning authority.

Development shall proceed in accordance with the measures detailed within the [name] by [name] dated May 2025 to ensure protected species are not harmed during construction, and the glamping pods hereby permitted shall not be occupied until bird and bat boxes and log piles and hibernacula have been provided in accordance with details that have first been submitted to and approved in writing by the local planning authority.

No external lighting shall be installed on the site other than in accordance with the specifications and locations set out in the submitted [name] (Eco-Check, July 2025).

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and reenacting that Order with or without modification), no development permitted by virtue of [name], B, C, D and E of Part 1 and Class A of Part 2 of Schedule 2 to the Order shall be undertaken.

The glamping pods hereby approved shall be occupied as holiday accommodation only and shall not be occupied as a sole or main place of residence. An up-to-date register shall be kept and shall be made available for inspection by the local planning authority upon request. The register shall contain details of the names of all of the occupiers of the accommodation, their main home addresses and their date of arrival and departure from the accommodation. END OF SCHEDULE