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Dismissed16 January 20253310099

Lea Castle Farm, Wolverley Road, Broadwaters, Kidderminster, DY10 3QA

Planning appeal 3310099 at Lea Castle Farm, Wolverley Road, Broadwaters, Kidderminster, DY10 3QA (Worcestershire County Council) was dismissed on 16 January 2025 by Inspector Woolcock J, following an inquiry. The main issue, as the Inspector framed it: The effects of the proposed development on the openness of the Green Belt and upon the purposes of including land within it, and whether the development conflicts with policy to protect the Green Belt.

a sand and gravel quarry with progressive restoration using site derived and imported inert material to agricultural parkland, public access and nature enhancement

Authority
Worcestershire County Council
Appeal type
other · Planning Appeal
Procedure
Inquiry
Development
minerals-waste · Mineral working
Inspector
Woolcock J
Postcode
DY10 3QA

Main issues, as the Inspector framed them

  • The effects of the proposed development on the openness of the Green Belt and upon the purposes of including land within it, and whether the development conflicts with policy to protect the Green Belt.
  • The effects of the proposed development on the character and appearance of the area.
  • The effects of the proposed development on the local amenity of the area and the living conditions of nearby residents, with particular reference to noise, dust, air quality, outlook, health and well-being.
  • The effects of the proposed development on PRoW and access.
  • The effects of the proposed development on heritage assets.
  • The effects of the proposed development on highway safety, particularly for vulnerable road users.
  • The effects of the proposed development on biodiversity.
  • The effects of the proposed development on employment and the economy.
  • The need for sand and gravel, having regard to likely future demand for, and supply of, these minerals, along with the availability of inert material for restoration and capacity for inert waste.
  • The planning balance and planning policy.

What decided it

The proposal would not preserve the openness of the Green Belt and so constituted inappropriate development, and the substantial harm this caused was not clearly outweighed by the other considerations advanced as very special circumstances.

The substantial weight given to harm to the Green Belt and its openness, together with slight weight for landscape character harm, outweighed the combined weight of the benefits (mineral need, economic benefits, biodiversity net gain, PRoW improvements), so very special circumstances did not exist.

What the Inspector cited

Development plan policies
MLP Policy MLP1MLP Policy MLP3MLP Policy MLP11MLP Policy MLP14MLP Policy MLP15MLP Policy MLP27MLP Policy MLP28MLP Policy MLP29MLP Policy MLP30MLP Policy MLP31MLP Policy MLP32MLP Policy MLP32(c)MLP Policy MLP33MLP Policy MLP35MLP Policy MLP37MLP Policy MLP39MLP Policy MLP40WCS Policy WCS5(a)iiWCS Policy WCS9WCS Policy WCS12WCS Policy WCS13WCS Policy WCS14WFLP Policy SP.LCV1WFLP Policy SP.16WFLP Policy SP.21WFLP Policy DM.22WFLP Policy DM.23
National Planning Policy Framework
Paragraph 11Paragraph 116Paragraph 143Paragraph 151Paragraph 153Paragraph 154Paragraph 155Paragraph 187Paragraph 198Paragraph 201Paragraph 212Paragraph 215Paragraph 224Paragraph 226
Judgments
Bernard Wheatcroft v Secretary of State for the Environment (1982); Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); R (Bramley Solar Farm Residents Group) v SoS LUHC [2023] EWHC 2842; Turner v Secretary of State for Communities and Local Government [2016] EWCA Civ 466; R (Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3; Europa Oil and Gas Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2643 (Admin); DB Symmetry Ltd v Swindon BC [2023] 1 WLR; Avon Estates Ltd and Welsh Ministers [2011] EWCA Civ 553; The Queen on the application of Cherkley Campaign Limited and Mole Valley DC and Longshot Cherkley Court Limited [2014] EWCA Civ 567; Wychavon DC v Secretary of State for Communities and Local Government & Butler [2008] EWCA Civ 692; Leicestershire County Council v Secretary of State for Communities and Local Government and UK Coal Mining Limited [2007] EWHC 1427 (Admin); Timmins and A W Lymm Limited v Gedling BC [2014] EWHC 654 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.