Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD
Wychavon District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 13 September 2024
- Authority
- Wychavon District Council
- Inspector
- Phillips B
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Ms Julie Irons
- LPA reference
- W/23/01574/PIP
- ONS LPA code
- E07000238
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 7 May 2024
Summary AI
The inspector dismissed the appeal, citing harm to the established character of the surroundings and conflict with policies in the South Worcestershire Development Plan. The benefits of the proposal were found to be limited, and the adverse impacts were considered to outweigh the benefits. The development plan was considered to be the primary consideration.
PDF text
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision Site visit made on 21 August 2024 by B Phillips BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 13th September 2024 Appeal Ref: APP/H1840/W/24/3340097 Land At (OS 0724 4220), Willersey Road, Badsey, Worcestershire WR11 7HD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant permission in principle. • The appeal is made by Ms Julie Irons against the decision of Wychavon District Council. • The application Ref is W/23/01574/PIP. • The development proposed is the erection of one self-build single storey dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. The above site address is taken from part D of the appeal form and the Council’s Decision Notice. This is in the interest of accuracy and clarity. 3. The proposal is for permission in principle. The Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing-led development.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second, ‘technical details consent’ stage is when the detailed development proposals are assessed. This appeal relates to the first of these 2 stages. 4. The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. All other matters are considered as part of a subsequent TDC application if permission in principle is granted. The Council’s objections relate to the location and character and appearance. I have determined the appeal accordingly. 5. The Government published in December 2023 a revised version of the National Planning Policy Framework (the Framework). The Council and the appellant have referenced this document within their appeal statements and as such I am satisfied that no party would be prejudiced by my also making reference to the Framework in this decision. Main Issues 6.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development, with specific reference to character and appearance. https://www.gov.uk/planning-inspectorate
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development, with specific reference to character and appearance. https://www.gov.uk/planning-inspectorate
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3340097 Reasons 7. The appeal site consists of part of an existing area of hardstanding/yard associated with outbuildings, and stables, located at the rear of a number of existing dwellings fronting Willersey Road. The site is immediately next to the boundary with the rear gardens of these properties, and to its rear is mostly open countryside. 8. Whilst the site is located outside any settlement boundary, and nearby dwellings are sporadic, the properties next to the site all front Willersley Road, and the nearby dwellings also front the highway in a clear linear pattern, with open land to the rear. This contributes positively to the legible, consistent character of the surroundings. 9. There are a number of outbuildings, both domestic and commercial sited to the rear of the road fronting dwellings. However, the wider site is mostly open and rural in character. The proposal would introduce a new independent dwelling within this mostly open rear area sitting awkwardly next to the rear gardens of its adjacent neighbours and the stables/paddock. It would be set incongruously behind the highway fronting neighbouring dwellings. 10.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision Even if the proposal would result in a modest single storey dwelling, its location would be at odds with the linear pattern of highway facing dwellings in the surroundings and the general established neighbouring development. Consequently, the proposal would not reflect the form nor grain of existing development and would therefore harm the established character of the surroundings. 11. The appellant references housing allocations that propose new housing development behind existing frontage and a reserved matters application for 98 dwellings1, however, these would be for larger developments requiring new access roads and would be considered against different contexts. Little information is also provided in respect to planning approval W20/01533/OUT, nevertheless it appears that the scheme is located within a differing built up context within the settlement. As such, the appeal scheme does not appear to be directly comparable to these examples. 12. The proposal would therefore not be suitable for residential development, having regard to its location, in relation to character and appearance.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision The proposal would conflict with Policies SWDP 21 and SWDP 25 of the South Worcestershire Development Plan, (2016) (DP), which, whilst not expressly prohibiting backland development, set out that development should integrate effectively with its surroundings. There is also conflict with the Supplementary Planning Document South Worcestershire Design Guide (2018) which seeks to encourage a higher standard of design. Other Matters 13. Whilst not specifically referenced in the reasons for refusal, the Officer Report raises issue in relation to the siting of the proposal in the open countryside. However, as I am dismissing the appeal for other reasons, I am not pursuing this matter further, because it could not lead me to a different decision. 1 Application reference W/24/00222/RM. https://www.gov.uk/planning-inspectorate 2
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3340097 14. The factual errors within the officer’s report referred to by the appellant do not prevent my understanding and consideration of the scheme before me. Planning Balance and Conclusion 15. Set against the harm identified there would be limited social and economic benefits associated with the construction process and occupation of the proposed dwelling. A single additional unit would make little difference to the overall supply of housing and the support one extra household would provide to the local economy would also be insignificant. 16. The Framework seeks to ensure that development adds to the overall quality of the area and be sympathetic to local character. As such the conflict DP Policies SWDP 21 and SWDP 25 should be given significant weight in this appeal. The Framework supports the efficient use of land. Nevertheless, given the conflict identified above, the development would conflict with the development plan as a whole. 17. It is not disputed that the Council is falling significantly short of the required housing land supply, set out by the appellant at 3.81 years at the time of the application, down to 2.65 years in the December 2023 monitoring report.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision Therefore, having regard to Framework footnote 8, Framework paragraph 11d) applies. 18. As described above the benefits associated with 1 additional dwelling would be limited even taking account of the objective of boosting significantly the supply of housing in the Framework and the Council’s worsening housing land supply position. The proposed unit would be a self build unit. The Framework supports small sites to come forward for self-build and custom-build housing. The Self- build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) states that an authority must give development permission for the carrying out of self-build and custom housebuilding on enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority's area in respect of each base period. 19. There is some dispute as to whether the Council is meeting its statutory duty, however, given the quantum of development in this instance, even if there is a deficit as put forward by the appellant, I give this matter modest weight in favour of the proposal. 20.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision The proposal would allow for the appellant to continue to live in and contribute to the local community and would utilise an existing access. This carries limited weight in favour of the proposal as it is not demonstrated that there are no other existing and/or suitable sites within the community available, and that the proposal is necessary in this regard. Similarly, whilst the proposal would not be visible from the highway, it would be visible from the neighbouring dwellings. The proposal is not for an agricultural workers dwelling. 21. The lack of any harm identified in relation to matters such as living conditions and highways matters are to be expected of every development and does not weigh in favour of the proposal. 22. Given the importance given to the protection of character and appearance and high quality design in the Framework, I give significant weight to this matter. Consequently, the adverse impacts set out above would significantly and demonstrably outweigh the benefits when assessed against the policies in the https://www.gov.uk/planning-inspectorate 3
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3340097 Framework taken as a whole. As a result, the presumption in favour of sustainable development does not apply. 23. The proposal is contrary to the development plan as a whole and there are no other material considerations of sufficient weight to indicate a decision should be made other than in accordance with the development plan. I therefore conclude that the appeal should be dismissed.
Land At (OS 0724 4220), Willersey Road , Badsey, WORCS , WR11 7HD — Wychavon District Council — B Phillips INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance Against appellant ¶10
The proposal would not reflect the form nor grain of existing development and would therefore harm the established character of the surroundings.
Planning obligations Against appellant ¶13
Although not pursued further, the site's location in the open countryside was considered to be an issue.
Green belt Against appellant ¶11
The appeal scheme did not appear to be directly comparable to examples of housing allocations and reserved matters applications cited by the appellant.
Policies relied on
| Reference | Weight |
|---|---|
| SWDP 21 |
Determinative |
| SWDP 25 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 13 September 2024 under the Open Government Licence.