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Dismissed11 September 20233313721

Bromley Hayes Garden Centre, Shaw Lane, Lichfield, WS13 8HW

Planning appeal 3313721 at Bromley Hayes Garden Centre, Shaw Lane, Lichfield, WS13 8HW (Lichfield District Council) was dismissed on 11 September 2023 by Inspector Baugh-Jones H, following a hearing. The main issue, as the Inspector framed it: whether the appeal site is a suitable location for the proposed development.

Demolition of existing building consisting of a retail garden centre (Class E) and redevelopment of the site to provide a mixed use of offices, storage and ancillary industrial uses

Authority
Lichfield District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
employment-industrial · Major offices/R&D/light industry
Inspector
Baugh-Jones H
Postcode
WS13 8HW

Main issues, as the Inspector framed them

  • whether the appeal site is a suitable location for the proposed development
  • The effects of the proposal on the character and appearance of the area
  • whether it would preserve or enhance the character or appearance of the Trent and Mersey Canal Conservation Area
  • the effects of the proposal on the living conditions of nearby residential occupiers with regard to noise
  • its effects on highway safety
  • its effects with regard to flood risk including drainage
  • its effects on biodiversity

What decided it

The cumulative harms relating to the unsustainable location, harm to character and appearance, inadequate flood risk evidence and lack of a mechanism to protect European Protected Species outweighed any benefits, weighing very heavily against the proposal.

the identified harms relating to location, character and appearance, flood risk and biodiversity/EPS mitigation were found to weigh very heavily against the proposal, and no benefits were found sufficient to outweigh them

What the Inspector cited

Development plan policies
Core Policy 1Core Policy 3Core Policy 5Core Policy 7Core Policy 14Policy ST1Policy BE1Policy BE2Policy NR1Policy NR3

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 authority’s record since 2016 · every decision in 2023

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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.