Case 3290803

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ

Wychavon District Council — appeal dismissed

Outcome
Dismissed
Decision date
17 June 2022
Authority
Wychavon District Council
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor general industry/storage/warehousing
Appellant
Mr Carl Powell
LPA reference
21/01132/FUL
ONS LPA code
E07000238
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 March 2022

Summary AI

The appeal for a new farm access track was dismissed due to concerns over highway safety, character and appearance, and biodiversity. The inspector found that the proposal would not address road safety, would harm the rural character of the area, and could impact protected species.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — Appeal Decision Site visit made on 14 June 2022 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17 June 2022 Appeal Ref: APP/H1840/W/22/3290803 Stonearrow Farm, Peopleton, Pershore, Worcester, Worcestershire WR10 2DZ • 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 Carl Powell against the decision of Wychavon District Council. • The application Ref 21/01132/FUL, dated 25 May 2021, was refused by notice dated 4 August 2021. • The development proposed is a new farm access track. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • The effect of the proposed development upon highway safety; • The effect of the proposed development upon the character and appearance of the area; and • The effect upon biodiversity. Reasons Highway safety 3. The appeal site is formed of an irregular shaped field located on the edge of the village of Peopleton. The site is largely overgrown with a hedgerow and ditch that run along the roadside. Main Street runs along one side of the site and is the main route through the village.

Page 1 · Chunk 1 Appeal Decision

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — Appeal Decision The road in front of the site is subject to national speed limit. 4. At the time of the site visit I observed a frequent flow of traffic in both directions along the road. Whilst this is a snapshot in time, based on my observations, there is little to indicate that the traffic flows I witnessed are untypical. 5. The appellant’s case essentially relies on the presence of an existing access. However, it has been overtaken by flora suggesting that it has not been used for some time. The access on to Main Street would likely result in agricultural vehicles, some of which would be large and slow moving, using the road increasing activity at the access and vehicle movements along the road. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 2 Appeal Decision

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — Appeal Decision The road in front of the site is subject to national speed limit. 4. At the time of the site visit I observed a frequent flow of traffic in both directions along the road. Whilst this is a snapshot in time, based on my observations, there is little to indicate that the traffic flows I witnessed are untypical. 5. The appellant’s case essentially relies on the presence of an existing access. However, it has been overtaken by flora suggesting that it has not been used for some time. The access on to Main Street would likely result in agricultural vehicles, some of which would be large and slow moving, using the road increasing activity at the access and vehicle movements along the road. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 3 Appeal Decision

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/22/3290803 6. The appellant has not provided any evidence to indicate that satisfactory visibility could be achieved in either direction of the access having regard to the speed of the road. As such, I am not satisfied that the proposed development would be acceptable with regard to the safe operation of the adjoining highway. 7. Consequently, the proposed development would be contrary to Policy SWDP 4 of the South Worcestershire Development Plan (2016) which, amongst other things, requires new development to address road safety. It would also be contrary to Paragraph 111 of the National Planning Policy Framework which, amongst other things, sets out that development proposals should be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety. Character and appearance 8. Hedgerows and field boundaries are important landscape features in rural areas and intrinsic to its character. The hedgerow along Main Street is no different and positively contributes to the rural appearance of the area. 9.

Page 2 · Chunk 4 Appeal Decision

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — Appeal Decision In the absence of details of the visibility splay and any associated works to the hedgerow to accommodate it I am not satisfied that the proposal would preserve the rural character of the road. 10. As such, the proposed development would be contrary to SWDP Policy 25, which amongst other things, requires developments to be appropriate to, and integrate with, the character of the landscape setting. Biodiversity 11. The Council advise that the site is a Local Wildlife Site and a Site of Special Scientific Interest (SSSI). Therefore, there is the possible presence of protected species in the area. 12. Circular 06/2005: Biodiversity and Geological Conservation – statutory obligations and their impact within the planning system, states it is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision. In this case I see no reason to depart from the guidance set out in the circular and the advice of the Council. 13.

Page 2 · Chunk 5 Appeal Decision

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — Appeal Decision The potential for protected species on site carries statutory duties and is a matter of considerable weight given its designation. I am not satisfied that this matter has been investigated to demonstrate that there would be no harm to protected species. 14. Therefore, the proposal would be contrary to SWDP Policies 1 and 22 which, amongst other things, state that developments which would have an adverse effect on SSSI’s will not be permitted. Other Matters 15. I note that representations were made by local occupiers to the application raising additional concerns. However, given my findings, it is not necessary to consider these matters in detail. https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/H1840/W/22/3290803

Page 3 · Chunk 6 INSPECTOR

Stonearrow Farm, Peopleton, Worcester, Worcestershire, WR10 2DZ — Wychavon District Council — INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Highway safety
Against appellant
¶6

The proposed development would result in agricultural vehicles using the road, increasing activity and vehicle movements, which would compromise the safe operation of the adjoining highway.

Character and appearance
Against appellant
¶9

The proposal would not preserve the rural character of the road, as the visibility splay and associated works to the hedgerow to accommodate it were not provided.

Ecology and biodiversity
Against appellant
¶13

The potential for protected species on site carries statutory duties, and the proposal would be contrary to SWDP Policies 1 and 22, as it would have an adverse effect on SSSI’s.

Policies relied on

Reference Weight
SWDP 4
Determinative
SWDP Policy 25
Substantial
Paragraph 111 of the National Planning Policy Framework
Moderate
SWDP Policies 1 and 22
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 17 June 2022 under the Open Government Licence.