Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU
Wychavon District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 12 December 2024
- Authority
- Wychavon District Council
- Inspector
- Simpson V
- Procedure
- Hearing
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Major dwellings
- Appellant
- Gleeson Land Ltd
- LPA reference
- W/23/00647/OUT
- ONS LPA code
- E07000238
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 July 2024
Summary AI
The proposed development would conflict with the development plan, but material considerations indicate that a decision should be made other than in accordance with it. Therefore, the appeal should be allowed.
PDF text
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Hearing held on 15 October 2024 Site visit made on 17 October 2024 by V Simpson BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 12 December 2024 Appeal Ref: APP/H1840/W/24/3343597 Froxmere Road, Crowle, Worcestershire WR7 4AL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Gleeson Land Ltd against the decision of Wychavon District Council. • The application Ref is W/23/00647/OUT. • The development proposed is outline planning application for the demolition of existing building, erection of up to 65 dwellings together with the formation of access, public open space and associated drainage infrastructure. Decision 1. The appeal is allowed and planning permission is granted for the demolition of existing building, erection of up to 65 dwellings together with the formation of access, public open space and associated drainage infrastructure at Froxmere Road, Crowle, Worcestershire WR7 4AL, in accordance with the terms of the application, Ref W/23/00647/OUT, subject to the conditions in the attached schedule. Preliminary Matters 2.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision The planning application submitted is in outline form. Except for access, all reserved matters are kept for future consideration. The plans to which the appeal relates are; DRG: P22-0592_001 Sheet No. 5 Rev: E; and 17/316/TR/006. I have had regard to the other plans that have been provided, but only insofar as they show how the development could potentially be delivered. 3. The description of development on the Council’s decision notice proposes the erection of 65 dwellings. However, the application form proposes the erection of up to 65 dwellings. On the basis that the Council amended the description of development without the applicant’s agreement, the appeal proceeds to be determined in accordance with the description of development on the application form. 4. Prior to the hearing, additional evidence regarding affordable housing and the economic effects of the development was provided. The Council and interested parties had sufficient time to review this prior to the hearing. During the hearing, alternative wording for several suggested conditions was provided, which was agreed by the main parties. Drawing number P22-0592_EN_8_-_1 KM1 – (figure KM1) was also submitted.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision The drawing shows the location of the appeal site and 2 other sites that have/are subject of planning applications for https://www.gov.uk/planning-inspectorate
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision The drawing shows the location of the appeal site and 2 other sites that have/are subject of planning applications for https://www.gov.uk/planning-inspectorate
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 residential development. These applications and their locations are referred to elsewhere in the evidence. Parties were afforded the opportunity to comment upon this evidence during the hearing. As such, they have not been prejudiced by its acceptance. 5. Since the hearing closed, a certified copy of an executed planning agreement has been provided. I return to this later. Main Issues 6. The main issues are: • whether the appeal site is a suitable location for the proposed development, with particular regard to the local development strategy; • the effect of the development on the character and appearance of the area; • whether the development would make suitable provision for affordable housing, formal sports and leisure provision, primary health care provision, high school and community transport, and, first school education; and, • whether material considerations indicate that a decision should be made other than in accordance with the development plan. Reasons Development strategy 7. The appeal site forms part of and extends across several larger field enclosures. It is adjacent to existing residential development which forms part of the village of Crowle.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Nevertheless, the site is outside of any defined settlement boundaries as identified in the South Worcestershire Development Plan1 (SWDP). As such, for the purposes of the SWDP, it is within the open countryside. 8. Policy SWDP 2 forms part of an overall strategy for development within the district, whereby most development is directed to those locations with the greatest range of services and facilities. This policy also seeks to safeguard and (wherever possible) enhance the open countryside. In such locations, it states that development will be strictly controlled and limited to specified types or forms, or to that specifically permitted by other SWDP policies. 9. The proposed development is not one of the types or forms of development that SWDP 2 indicates may be acceptable in the open countryside. Moreover, it isn’t a form of development would be specifically permitted by other SWDP policies. Instead, the scheme would introduce houses and associated development across a site that is currently largely devoid of built form. It would therefore fail to safeguard the open countryside. 10. Nevertheless, there are public rights of way (PRoW’s) alongside and crossing the appeal site as well as nearby pavements.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision These can be used to safely access other parts of the village. They would afford future occupiers of the development with reasonable access to the range of services facilities that are available within Crowle. They could also be used to access the bus stop within the village, which has a twice daily (Mon -Sat) service to and from the city of 1 Worcester City Council, Malvern Hills District Council, Wychavon District Council – South Worcestershire Development Plan – Adopted February 2016 https://www.gov.uk/planning-inspectorate 2
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision These can be used to safely access other parts of the village. They would afford future occupiers of the development with reasonable access to the range of services facilities that are available within Crowle. They could also be used to access the bus stop within the village, which has a twice daily (Mon -Sat) service to and from the city of 1 Worcester City Council, Malvern Hills District Council, Wychavon District Council – South Worcestershire Development Plan – Adopted February 2016 https://www.gov.uk/planning-inspectorate 2
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 Worcester. Therefore, and while many journeys to and from the site would be via private car, future occupiers would not be entirely reliant on such vehicles to access those services and facilities ordinarily required for everyday living. 11. Notwithstanding this, and for the reasons given the appeal site is not a suitable location for the proposed development, with particular regard to the local development strategy. In this respect, it would conflict with policy SWDP 2. Character and appearance 12. Extending across parts of 3 different field enclosures, the appeal site wraps around housing at the edge of the village. 13. The site is within the Landscape Character Type: Wooded Estatelands, as identified within the Worcestershire Landscape Character Assessment dated 2012. Although the appeal site forms a very small part of this character area, the development would result in the loss of an area of land in mixed farming land use, which is identified as a primary key characteristic of this landscape type. 14. It would also result in the construction of up to 65 houses and associated development on fields which are currently largely devoid of built development.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Moreover, the provision of vehicular access to and within the site, would require sections of established hedgerows and several trees to be removed. For these reasons, the development would have a harmful urbanising effect on the appeal site. 15. However, and notwithstanding the presence of some intervening planting and hedges, the residential development adjacent to the appeal site, presents a generally hard and abrupt edge to the settlement in this area. This built development forms part of the backdrop experienced by users of PRoWs heading towards the village from the south, and it is part of what has just been experienced when exiting the village via PRoW’s. The harm that would be caused by the enclosure of short stretches of PRoW’s alongside and crossing the appeal site which adjoin or are close to built-up parts of the village, would therefore be small. 16. Subject to a sensitive landscaping scheme being delivered, together with the provision of an off-site orchard area (which is subject of an obligation within the planning agreement), in the longer term, the development has the potential to soften and ‘green’ the edge of the village in this area. This would enhance the rural setting of the village.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Also in the longer term, such landscaping schemes could result in views of both the proposed houses and the existing houses adjacent to the site, from Bow Wood and from the wider network of PRoW’s to south and east, being restricted to glimpses. 17. Although not large and identified as a category 3 village for the purposes of SWDP 2, Crowle contains a fairly wide range of services and facilities. These include; a first school, a village hall and a platinum hall, a shop, café and post- office, a pre-school, allotments, a playground, and outdoor sports facilities. There are also several community groups that regularly meet within the village. For these reasons, and although within a rural area of the district, I find Crowle to be a vibrant village with a strong community spirit. https://www.gov.uk/planning-inspectorate 3
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 18. Much early development and some more recent development within the village has been along Church and Froxmere Roads. However, a significant amount of additional housing has been constructed around spurs off these roads. Some of this has been delivered as housing estates which date from the mid to late 20th century onwards. A variety of paths and PRoW’s weave between the different areas of the village. Therefore, and while development alongside Church Lane continues to be of a more linear pattern, this pattern of development is no longer a distinctive characteristic of the village as a whole. Instead, the character of the village is at least partially informed by the variety in the ages and forms of houses within it, and its network of paths. 19. Planning permission has recently been granted for just over 40 houses in the village2 (the previously consented schemes). Over a year ago, and subject to the completion of a section 106 agreement, the Council also resolved to grant planning permission for an additional 62 houses off Church Road (application ref 22/01706/ful).
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision In the ongoing absence of this section 106 agreement, there is no certainty that this scheme will be granted planning permission. That being the case, the number of houses subject of the previously consented schemes is just over 40, not just over 100. 20. The implementation of the appeal scheme would further expand the village, but the scale of this expansion would be modest in relation to the size of the settlement. Furthermore, the appeal site does not adjoin the sites of the previously consented schemes. It would therefore be experienced seperately from these other schemes. In addition, the quantum of development subject of this appeal, is not dissimilar to that previous expansions of the village which now form part of its established character and appearance. For these reasons, both individually, and cumulatively with the previously consented schemes, the development would not overwhelm the village. Furthermore, the amount of houses proposed is not so great that the associated increase in vehicle movements within and though the village would materially alter its character. 21. The scheme would not therefore cause harm to the established character and appearance of the built-up parts of the village of Crowle.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Moreover, and subject to the detailed design of the scheme being of a high quality and sensitive to its surroundings, then the harm that would be caused to the character and appearance of the area and to the distinctiveness of the wider Wooded Estatelands character area would be small. 22. Nevertheless, for the reasons given, the development would cause some harm to the character and appearance of the area. Consequently, it would conflict with policies SWDP 21 and SWDP 25. Collectively, and amongst other things, these policies require development to be of a high design quality and to reinforce local distinctiveness. They also require development to be appropriate to and integrate with, the character of the landscape setting, and, to conserve the primary characteristics defined in character assessments. Infrastructure 23. Collectively and amongst other things SWDP policies 1, 5, 7, 15, and 39, require new development to provide or contribute towards the provision of the infrastructure needed to support it. On sites where more than 15 dwellings are 2 Application refs: 20/00143/ful and 22/02683/ful https://www.gov.uk/planning-inspectorate 4
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 proposed, SWDP policy 15 seeks to ensure that 40% of the units be provided as affordable housing. 24. The planning agreement includes several obligations which I have considered in light of the statutory tests contained in Regulation 122 of The Community Infrastructure Levy (CIL) Regulations 2010 – as amended. The obligations include those related to affordable housing, formal sports and leisure provision, primary health care provision, high school and community transport, and first school education. 25. The agreement makes provision for a policy compliant amount of affordable housing. On this basis, the obligation related to affordable housing is; necessary to make the development acceptable; directly related to the development; and, fairly and reasonably related in scale and kind to the development. 26. The planning agreement also contains obligations to make financial contributions towards formal sports and leisure provision, high school and community transport, primary health care provision, and first school education.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Evidence regarding the need for and amount of contributions required in respect of each of these matters is set out in SWDP policies 1, 5, 7, 15, and 39 and associated supplementary planning documents3. The contributions set out within the planning agreement are justified and soundly based upon planning policy requirements. They are also fairly and reasonably related to the development proposed. As such, they pass the statutory tests set out within regulation 122 of the CIL regulations as well as the requirements of 57 of the Framework. 27. For the reasons given above, the development would make suitable provision for affordable housing, formal sports and leisure provision, primary health care provision, high school and community transport, and first school education. Consequently, and in respect of this main issue, it would comply with SWDP policies 1, 7, 15, and 39. Material considerations 28. Given the stage that the emerging local plan has reached4, a 4yr supply of housing land supply is required by the Framework. However, the main parties agree that the housing land supply within the district is approximately 2.78 years, and I have no reason to conclude otherwise.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision The shortfall in housing land supply in the district is considerable. Significant weight is therefore attributed to the contribution that the development would make to reducing the shortfall. 29. Significant weight is also attributed to the benefit that would result from the delivery of affordable housing which would help to meet a specific need, in accordance with policy SWDP 15. 30. Future occupiers would have reasonable access to a range of local services and facilities, which they would be likely to use and contribute to the ongoing support of. There would also be short term benefits during the construction 3 Planning for Health in South Worcestershire Supplementary Planning Document – adopted September 2017 and the South Worcestershire Developer Contributions Supplementary Planning Document – adopted July 2018 4 Worcester City Council, Malvern Hills District Council and Wychavon District Council – South Worcestershire Development Plan Review – regulation 19 publication document https://www.gov.uk/planning-inspectorate 5
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 phase. Given the amount of development proposed, moderate weight is attributed to these benefits. In the absence of certainty regarding the extent of any softening of built form at the edge of the village, only limited weight can be attributed to this benefit. 31. Amongst other things, I have found that the development would make suitable provision for formal sports and leisure provision, primary health care provision, high school and community transport, and first school education. However, because the contributions in respect of these matters are necessary to prevent harm being caused from increased pressure on local infrastructure, they would not be benefits of the scheme. 32. While there is an obligation within the planning agreement to secure the Council’s written agreement to a scheme for the provision of public open space, the amount of such space is not specified within the agreement. Therefore, and given that landscaping is a reserved matter, I cannot be certain how much would be provided. That being the case, no more than limited weight can be attributed to the benefits that would result from the provision of public open space. 33.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision While there is potential to secure biodiversity net gain (BNG), the amount, if any, that would be delivered is not certain. That being the case, I cannot attribute weight to the benefits associated with BNG at this stage. 34. The development would conflict with the development strategy outlined within policy SWDP 2, and it would cause harm to the character and appearance of the area, in conflict with SWDP 21 and 25. As such, the scheme conflicts with the development plan when read as a whole. 35. Policies SWDP2, 21 and 25 are a broadly consistent with the Framework. However, given the proximity of the site to the settlement boundary of Crowle; the accessibility and range of services and facilities; the small amount of harm that would be caused to the character and appearance of the area; and, that the strategy is not currently delivering enough houses, the conflict with these policies attracts moderate weight. 36. The proposed development aligns with the Framework where it seeks to significantly boost the supply of homes and to ensure that the needs of groups with specific housing requirements are addressed.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Furthermore, the Framework indicates that small and medium sized sites can make an important contribution towards meeting the housing requirements of an area and are often built out quickly. Given the shortfall in housing land supply within the district and the number of houses proposed, I attribute significant weight to this. The proposals would also correspond with the parts of the Framework that seek to support the economy and strong vibrant communities. Moderate weight is attributed to each of these considerations, due to the scale of the scheme. 37. The application of policies in the Framework that protect areas or assets of particular importance, as defined in footnote 7, does not provide a clear reason for refusing the development proposed. Moreover, in this case, the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework when taken as a whole. As such, the proposal benefits from the https://www.gov.uk/planning-inspectorate 6
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 presumption in favour of sustainable development as outlined in paragraph 11 of the Framework. 38. For these reasons, material considerations indicate that a decision should be made other than in accordance with the development plan. Other matters 39. There is a collection of listed buildings within the vicinity of the appeal site. These include the grade II listed; Woodstock Cottage; Malthouse Cottage; The Malt House; Martins Cottage; the Cottage; Thatch Cottage; Church Cottage; Rectory Farmhouse; the barn south-west of Rectory Farmhouse; the Granary, Cart Shed, and Stables west of Rectory Farmhouse; and the grade II* Listed St John the Baptist Church. The significance of these designated heritage assets results in part, from their architectural interest - which for the church include high quality medieval features, such as the north porch, lectern, and font. It is also due to their historic uses. The gardens and outside spaces that are functionally linked with these buildings form part of their setting and contribute to their significance. In the case of the church, so does the housing around it.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision However, these heritage assets are some distance from the appeal site, and separated from it by hedges, fields and/or intervening buildings and development. These heritage assets are also experienced in the context of other nearby residential development, including modern residential estates. As such, and subject to sensitive reserved matters detailing, the development could be delivered without causing harm to either the significance of these heritage assets or to the contribution that their settings make to their significance. 40. The site is within range of number of ponds which support populations of Great Crested newts (GCN), and the appeal site contains suitable terrestrial habitats for GCN. The evidence also shows that bats use the site for commuting and foraging purposes. However, subject to suitable measures being identified and implemented as part of a biodiversity mitigation strategy and method statement, any adverse impacts on bats and GCN would be minimised, adequately mitigated, and/or compensated. This could be secured via a condition. 41.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Also, with respect to GCN, and in addition to planning permission, a European Protected Species licence from Natural England will be required to undertake the proposed works. The implementation of the development would deliver much needed housing. Moreover, during the hearing, the main parties agreed that subject to satisfactory reserved matters details being provided, including the retention of much of the onsite hedgerows and the delivery of ponds, then the development would meet the derogation tests. I have no reason to take an alternative view. As such, and subject to a suitably detailed licence application being made, I am content that such a licence would be granted. 42. Severn Trent Water advised that foul waters arising from the development could be accommodated if the scheme precedes other large proposed developments in the area. While permission has since been granted for 30 houses off Church Road (ref 22/02683/ful), I cannot be certain that the permission will be implemented. As such, and given that the 62 house scheme also off Church Road (ref 22/01706/ful) has not yet been determined, I am satisfied that there is sufficient foul water drainage capacity in the area to accommodate the proposed development.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 7
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/H1840/W/24/3343597 43. The dismissed appeal (Ref: APP/H1840/W/23/3320041) for a housing development outside of but adjacent to a nearby category 3 village is materially different from that subject of this appeal. This is because it related to a different village and significantly more houses were proposed. 44. The site is of an adequate size to accommodate a non-cramped development of up to 65 dwellings. Moreover, and subject to satisfactory details being provided at reserved matters stage, the development could be delivered without harm being caused to the living conditions of the occupiers of neighbouring properties, with particular regard to privacy, outlook, noise and disturbance. 45. The evidence indicates that the site mainly comprises heavy slowly permeable soils, and that its agricultural quality is grade 3b. As such, the development would not result in the loss of best and most versatile agricultural land. Conditions 46. Some of the Council’s suggested conditions have been consolidated and the wording of conditions has been amended where appropriate. This is for clarity and to meet the 6 tests within paragraph 56 of the Framework. 47.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Conditions specifying the time-period for the implementation of the permission are imposed, as is a condition requiring the approval of reserved matters before the development is commenced. For certainty, a condition is added specifying the plans to which this permission relates. However, it is not necessary to add a clause which would enable a revised scheme to be consented in substitution for any part of the approved scheme. This is because the basis upon which the permission would be severable is not clear. 48. A construction management plan is required to; protect the living conditions of the occupiers of nearby properties; protect highway safety; minimise any harm to biodiversity; and prevent increased flood risk, during the construction works. Details of working hours are incorporated into this condition. 49. To prevent harm being caused in respect of highway safety, conditions requiring additional details in respect of the junction with Froxmere Road and the design and surfacing of roads, drives and footways within the site, are needed. For the same reason, there is a need to secure the provision and retention of suitable visibility splays at the site access onto Froxmere Road.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision The junction design condition is required to be a pre-commencement condition, to protect highway safety while the development is being undertaken. 50. Conditions are imposed requiring the provision of a biodiversity mitigation strategy and method statement, and in respect of lighting. These are to protect biodiversity - including European protected species. The mitigation strategy and method statement condition is required to be a pre- commencement condition, to prevent/minimise harm to biodiversity during site clearance and construction works. There is no need for separate conditions regarding; the timing of works; a construction environmental management plan; and the protection of retained trees and hedgerows. This is because these matters would be addressed within the biodiversity mitigation strategy and method statement. https://www.gov.uk/planning-inspectorate 8
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision Appeal Decision APP/H1840/W/24/3343597 51. To prevent harm to human health and environmental pollution, and to safeguard natural resources, conditions are also required in respect of surface and foul water drainage, contamination, and low carbon/renewable energy. To encourage sustainable travel, conditions are imposed to secure the delivery of sheltered and secure cycle parking and a travel plan. The conditions related to contamination, and to foul and surface water drainage need to be pre- commencement conditions. This is because ground works have the potential to be harmful to human health, and because the drainage works are likely to influence how the rest of the development is delivered. 52. To ensure that the development contributes to addressing the housing needs of the district, a condition regarding the mix and types of market housing is needed. 53. Conditions related to landscaping and levels are not imposed. This is because landscaping and appearance are reserved matters. 54. The site is in an area that was occupied in both the medieval and Iron age periods. As such a pre-commencement condition requiring further archaeological assessment is needed.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — Appeal Decision This is because the on-site presence of features related to these periods, may affect the early parts of the development. Conclusion 55. The proposed development would conflict with the development plan, but material considerations indicate that a decision should be made other than in accordance with it. Therefore, the appeal should be allowed.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson INSPECTOR Appearances FOR THE APPELLANT: Mr Nick Cox Pegasus Group (agent) Ms Katie Machin Pegasus Group Ms Heather Sargent Landmark Chambers FOR THE LOCAL PLANNING AUTHORITY: Mr Adam White Malvern Hills and Wychavon District Councils Mrs Eileen Marshall Wychavon District Council Ms Susanne Hiscock Wychavon District Council Cllr Margaret Rowley Wychavon District Council https://www.gov.uk/planning-inspectorate 9
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson INSPECTOR Appearances FOR THE APPELLANT: Mr Nick Cox Pegasus Group (agent) Ms Katie Machin Pegasus Group Ms Heather Sargent Landmark Chambers FOR THE LOCAL PLANNING AUTHORITY: Mr Adam White Malvern Hills and Wychavon District Councils Mrs Eileen Marshall Wychavon District Council Ms Susanne Hiscock Wychavon District Council Cllr Margaret Rowley Wychavon District Council https://www.gov.uk/planning-inspectorate 9
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson Appeal Decision APP/H1840/W/24/3343597 INTERESTED PARTIES: Mr Gary Bayliss Mrs Jill Puzey Mrs Ruth Dawson-Jones Mr Richard Temple-Cox Mr Ian Bowden Mrs Kirsty Fisher Mrs Amanda Kain Mrs Lynne Collins Mrs Helen Dowson Schedule of conditions 1) The development hereby permitted shall be carried out in accordance with drawing nos: P22-0592_001 Sheet No. 5 Rev: E, and 17/316/TR/006. 2) Details of the appearance, landscaping, layout, and scale "the reserved matters" shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall subsequently be carried out as approved. 3) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 4) The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved. 5) No development shall take place, and no site clearance in preparation for the development hereby permitted shall be undertaken prior to a biodiversity mitigation strategy and method statement being submitted to and approved in writing by the local planning authority.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson This scheme should be based upon the recommendations and mitigation measures identified within section 5 of the Ecological Impact Assessment by JW Baker Consultants, dated November 2023 development. It should also include; measures for the protection of any retained trees or hedging during the site clearance, ground excavation and construction phases of the development; and an implementation timetable. The development shall subsequently be undertaken in accordance with the approved scheme. https://www.gov.uk/planning-inspectorate 10
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson This scheme should be based upon the recommendations and mitigation measures identified within section 5 of the Ecological Impact Assessment by JW Baker Consultants, dated November 2023 development. It should also include; measures for the protection of any retained trees or hedging during the site clearance, ground excavation and construction phases of the development; and an implementation timetable. The development shall subsequently be undertaken in accordance with the approved scheme. https://www.gov.uk/planning-inspectorate 10
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson Appeal Decision APP/H1840/W/24/3343597 6) No development shall take place until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency‚ Land Contamination Risk Management (LCRM) (or equivalent British Standard and Model Procedures if replaced), has been submitted to and approved in writing by the local planning authority. This assessment shall include a detailed site investigation. If any contamination is found, no development shall take place until: i) i. a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the local planning authority; ii) ii. the site has been remediated in accordance with the approved measures and timescale; and iii) iii. a verification report has been submitted to and approved in writing by the local planning authority. If, during the development, any contamination is found which has not been previously identified, work shall be suspended until: iv) i.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson additional measures for the remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority; and v) ii. a verification report for all the remediation works has been submitted to and approved in writing by the local planning authority. 7) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson additional measures for the remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority; and v) ii. a verification report for all the remediation works has been submitted to and approved in writing by the local planning authority. 7) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson The Statement shall provide details for: • any temporary construction access to the site including measures for removal following completion of the construction works; • wheel washing facilities; • the parking of vehicles of site operatives and visitors; • loading and unloading of plant and materials; • storage of construction plant and materials clear of the highway; • measures to control and monitor the emission of dust and dirt; • measures to control and monitor construction noise levels; • a scheme for recycling/disposing of waste resulting from demolition and construction works; and • delivery, demolition and construction working hours • external lighting • surface water drainage during the construction process • how to contact the construction site manager The approved Construction Method Statement shall be adhered to throughout the construction works. https://www.gov.uk/planning-inspectorate 11
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson Appeal Decision APP/H1840/W/24/3343597 8) No development shall take place until: (i) An archaeological field evaluation has been carried out in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority; and (ii) Safeguarding measures to ensure the preservation in situ of important archaeological remains and/or further archaeological investigation and recording identified in the archaeological field evaluation have been undertaken in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority. 9) No development shall take place until details of the junction between the proposed access road and Froxmere Road have been submitted to and approved in writing by the local planning authority. This shall include details of a footway / dropped kerb crossing with tactile paving to west of the of the junction. Thereafter, the development shall not be occupied until the junction has been constructed in accordance with the approved details.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson 10) No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the approved management and maintenance plan.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson 11) No development shall take place until details of the design, surfacing and construction of roads, footways, accesses, and car parking areas within the site have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details, and no dwelling shall be occupied until that part of any road, footway, access and car parking areas providing access to it has been constructed. 12) No development above ground level shall take place until a scheme detailing the mix and types of market housing to be provided has been submitted to and approved in writing by the local planning authority. This https://www.gov.uk/planning-inspectorate 12
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson 11) No development shall take place until details of the design, surfacing and construction of roads, footways, accesses, and car parking areas within the site have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details, and no dwelling shall be occupied until that part of any road, footway, access and car parking areas providing access to it has been constructed. 12) No development above ground level shall take place until a scheme detailing the mix and types of market housing to be provided has been submitted to and approved in writing by the local planning authority. This https://www.gov.uk/planning-inspectorate 12
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson Appeal Decision APP/H1840/W/24/3343597 scheme shall be informed by evidence of housing need in the district at that time. The development shall subsequently be undertaken in accordance with the approved scheme. 13) No development above ground level shall take place until a scheme for renewable and/or low carbon energy generation measures, amounting to at least 10% of the predicted energy requirements of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall include: • The overall predicted energy requirements of the development • The predicted energy generation from the proposed renewable/low energy measures; and • An implementation timetable. The approved scheme shall be implemented and thereafter retained in operation. 14) No dwellings hereby permitted shall be occupied until works for the disposal of sewage have been provided on the site to serve the development, in accordance with details that have first been submitted to and approved in writing by the local planning authority.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson 15) No dwellings hereby permitted shall be occupied until visibility splays have been provided from a point of 1.05m above the carriageway level at the centre of the vehicular access to the site and 2.4m back from the near side edge of the carriageway (measured perpendicularly), for a distance of 57.1m to the west and 49.4m to the east to the near side edges of the carriageway. Thereafter, nothing shall be planted, erected and/or allowed to grow on the area of land so formed, which would obstruct the visibility described above. 16) No dwellings hereby permitted shall be occupied until a scheme for the provision of sheltered and secure bicycle storage for each dwelling, has been submitted to and approved in writing by the local planning authority. Thereafter, each dwelling shall not be occupied until bike storage has been provided for it, in accordance with the approved details. Subsequently, the bicycle storage areas shall be retained for bicycle storage purposes. 17) No external lighting shall be installed in the development hereby permitted prior to a lighting design strategy for biodiversity being submitted to and approved in writing by the local planning authority.
Land south of Froxmere Road, Crowle, Worcestershire, WR7 4AU — Wychavon District Council — V Simpson The scheme shall include details of; those areas/features within the site that are particularly sensitive to light; the locations, types, direction, and specifications of such lighting. Thereafter, the approved scheme shall be implemented and retained. 18) The development shall be undertaken in accordance with the details in sections 3, 4 and 5 and table 5.1 of the submitted Travel Plan dated March 2023, produced by Bryan G Hall Consulting Civil & Transportation Planning Engineers. End of conditions https://www.gov.uk/planning-inspectorate 13
Main issues and findings
Character and appearance Against appellant ¶20
The development would not overwhelm the village, and the associated increase in vehicle movements within and through the village would not materially alter its character.
Flood risk For appellant ¶42
There is sufficient foul water drainage capacity in the area to accommodate the proposed development.
Living conditions For appellant ¶44
The development could be delivered without harm being caused to the living conditions of the occupiers of neighbouring properties.
Ecology and biodiversity For appellant ¶40
Any adverse impacts on bats and GCN would be minimised, adequately mitigated, and/or compensated via a condition.
Other For appellant ¶28
Material considerations indicate that a decision should be made other than in accordance with the development plan.
Policies relied on
| Reference | Weight |
|---|---|
| SWDP 2 |
Conflict |
| SWDP 21 |
Moderate |
| SWDP 25 |
Moderate |
| SWDP 15 |
Significant |
| Framework |
Significant |
Site constraints from the Casework Database
Source
Decision letter, 13 pages, issued by the Planning Inspectorate on 12 December 2024 under the Open Government Licence.