Case 3340306

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY

Wychavon District Council — appeal dismissed

Outcome
Dismissed
Decision date
16 August 2024
Authority
Wychavon District Council
Inspector
Jones GP
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr James Munro
LPA reference
W/22/02219/FUL
ONS LPA code
E07000238
Jurisdiction
Transferred
Link status
Not Linked
Start date
9 May 2024

Summary AI

The appeal was dismissed due to concerns over the suitability of the site for residential development, particularly in relation to access and the potential for harm to the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision Site visit made on 18 July 2024 by G Powys Jones MSc FRTPI an Inspector appointed by the Secretary of State Decision date: 16th August 2024p Appeal Ref: APP/H1840/W/24/3340306 Winkett’s Yard, Land between Northwick Road & King’s Road, Evesham, WR11 3AY. • 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 James Munro against the decision of Wychavon District Council. • The application Ref is W/22/02219/FUL. • The development proposed is described as erection of 4 bedroom detached house and garage and associated works - self build. Demolition of redundant agricultural workshop and change of use/refurbishment of remaining agricultural workshop to provide ancillary residential building (storage and home office). Change of use from agricultural to residential land. Decision 1. The appeal is dismissed. Main issues 2. The main issue is whether this is a suitable location for residential development having regard to the pattern of surrounding development and the nature of the proposed access. Reasons 3.

Page 1 · Chunk 1 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision The site lies within the built-up part of the Town but is set in a backland location adjacent to other pieces of land in fragmented ownership used for a variety of uses including gardens, garaging, storage and parking. It and the other tracts are served by relatively narrow back lanes, springing from Lime Street, Northwick Road and King’s Road respectively. The lane from Lime Street has been partially improved for a short length to serve 3 dwellings, built within the backland area in the recent past. Otherwise, as I saw, the back lanes are unmade, potholed (albeit repaired in places), without footways, unlit and primarily act as vehicular accesses to the various garages or stores in the area, behind the predominantly residential frontages of King’s Road, Northwick Road, Lime Street and North Road respectively. 4. Reference has been made to an outline planning permission1 for 13 dwellings granted in 2016. The site subject of that permission included the appeal site, together with land to the north and south of it, and land on the opposite lane frontage. The Council describe this as a comprehensive scheme, albeit that it 1 Ref W/14/02751/OU https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3340306 did not include all the backland in the quadrant. The scheme, however, did not materialize, and the permission lapsed. 5. Judging from the permissions granted in the past, the Council does not appear to be opposed in principle to the residential development of this area of backland but considers that, to be acceptable, it should not be undertaken on a piecemeal basis and should be ‘properly’ accessed with provision made for pedestrians and service vehicles. The planning history suggests that other similar applications to that subject of this appeal have been refused in the past, including a recent one which is the subject of another appeal. 6. The condition of the site, including its dilapidated structures, is such as to appropriately earn the description given to it by one local resident – an eyesore. Although I note the Council’s criticism of the proposed dwelling’s rather rambling design, I acknowledge that the proposal would improve the local scene if only on the basis that the aura of dilapidation currently in evidence would be removed. 7.

Page 2 · Chunk 3 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision Whilst that is an advantage of the scheme, the dwelling would sit in relative isolation in its backland location adjacent to garages and other rudimentary structures of a utilitarian appearance along the lane’s frontage. Whilst the appellant has shown it probable that a fire tender could access the site in an emergency, his proposals for refuse collection are far from convincing, relying largely on the goodwill of others. Pedestrian access along the lane would be fraught, especially at night during the winter months. The absence of lighting would prove inimical to pedestrian safety; at best, pedestrian movements would be discouraged. Other service vehicles, such as delivery vans would be drawn to the lane in increased numbers. 8. I share the Council’s concerns as to the suitability of the site for the proposed development. Indeed, I would regard the development as representing the antithesis of good planning in place-making terms given the disjointed nature of the proposal. In this respect whilst I have considered the proposal on its merits, I have also had regard to the possible ramifications of a precedent being set.

Page 2 · Chunk 4 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision The planning history of land in the vicinity raises the prospect of other landowners being encouraged to promote similar, uncoordinated schemes for residential development. A successful appeal could therefore result in similar proposals being promoted which the Council would find increasing difficulty in resisting, thus exacerbating the accessibility and safety problems that would inevitably be experienced in these back lanes. 9. The prospect of a resumption of an agricultural or commercial use has been raised, which it is alleged would bring more activity to the rear lanes than a residential use. This, in my view, is unlikely given the condition of the buildings and the lack of activity on the site for decades. I give little weight to a fall-back scenario. 10. The use of brownfield sites is encouraged in national policy and guidance, but the advice is promulgated on the basis that the land should be ‘suitable’. I do not consider this site to be suitable for the reasons already provided. 11. The Council acknowledges, in view of its housing land supply situation and the position in respect of self-build housing, that the ‘tilted balance’ is engaged.

Page 2 · Chunk 5 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision To my mind, however, the benefits arising from the scheme would be modest. The https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision To my mind, however, the benefits arising from the scheme would be modest. The https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3340306 adverse impacts would in my view significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework2 as a whole. 12. I therefore conclude that the proposal, having regard to the unacceptability of the access and the absence of a more comprehensive approach, would be a harmful and inappropriate development. Accordingly, a material conflict arises with some of the main objectives of policies SWDP21 of the South Worcestershire Development Plan, since the development would fail to integrate effectively with its surroundings and to maximise opportunities for pedestrians and cyclists and to be generally accessible for all users. Other matters 13. In view of my conclusions on the main issue I have but brief comments to make on the ecological issues raised by the Council. The site had been virtually cleared at the time of my visit, and judging by eye alone, I doubt whether the site contained any ecological features of note. Had the appeal succeeded, biodiversity enhancement could have been achieved by the imposition of an appropriate condition. 14.

Page 3 · Chunk 8 Appeal Decision

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — Appeal Decision I have noted the views of the Highway Authority, but it appears to have based its representations on the impact on the local highway network. My objection is more widely based having regard to place-making principles including, as advised in the Framework, that decisions should ensure the creation of places that are safe, inclusive and accessible. 15. I have considered the representations made by local residents and I have already dealt with most planning-related matters. I have taken account of all other matters raised, including the Council’s references to the relevant Design Guide3, but no other matter raised is of such strength or significance as to outweigh those considerations that led me to my conclusions.

Page 3 · Chunk 9 G Powys Jones

Winkett's Yard, Land between Kings Road and Northwick Road, Evesham, WR11 3AY — Wychavon District Council — G Powys Jones INSPECTOR 2 National Planning Policy Framework 3 South Worcestershire Design Guide Supplementary Planning Document (March 2018) https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Living conditions
Against appellant
¶7

The dwelling would sit in relative isolation in its backland location, and pedestrian access along the lane would be fraught, especially at night during the winter months.

Heritage impact
Against appellant
¶8

The development would represent the antithesis of good planning in place-making terms, given the disjointed nature of the proposal.

Ecology and biodiversity
Neutral
¶13

The site did not contain any ecological features of note, and biodiversity enhancement could have been achieved by the imposition of an appropriate condition.

Planning obligations
Neutral
¶14

The inspector's objection was based on place-making principles, including the creation of safe, inclusive, and accessible places.

Policies relied on

Reference Weight
NPPF 208
Substantial

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 16 August 2024 under the Open Government Licence.