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Dismissed3 July 20243314693

Former Greencore Factory, Prestleigh Road, Evercreech, BA4 6JZ

Planning appeal 3314693 at Former Greencore Factory, Prestleigh Road, Evercreech, BA4 6JZ (Mendip District Council *) was dismissed on 3 July 2024 by Inspector Hayden M, following an inquiry. The main issue, as the Inspector framed it: Whether the application of policies in the Framework that protect areas or assets of particular importance provide a clear reason for refusing the development proposed, or whether any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, having particular regard to: whether the proposal is consistent with the policies of the adopted Mendip District Local Plan, in terms of the site's designation as an Existing Employment Area, the reuse and redevelopment of employment sites, the amount of housing and mix of uses proposed, and the housing and economic needs of Evercreech and the surrounding rural area.

Outline planning permission (access, appearance, layout and scale not reserved) for demolition of existing buildings/equipment other than Kemps Mill (retained as flexible Class E/F2 floorspace) and erection of 118 residential dwellings and a shop (Class E), with open space, accesses, landscaping and infrastructure works

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Unknown
Inspector
Hayden M
Postcode
BA4 6JZ

Main issues, as the Inspector framed them

  • Whether the application of policies in the Framework that protect areas or assets of particular importance provide a clear reason for refusing the development proposed, or whether any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole, having particular regard to: whether the proposal is consistent with the policies of the adopted Mendip District Local Plan, in terms of the site's designation as an Existing Employment Area, the reuse and redevelopment of employment sites, the amount of housing and mix of uses proposed, and the housing and economic needs of Evercreech and the surrounding rural area
  • Whether the appeal proposal would be well-designed, with particular regard to its layout, appearance and scale in relation to the character of the surrounding area, the provision of open space and trees on site, the loss of non-designated heritage assets, and the national and local planning policies for design
  • The effect of the proposed development on the setting and significance of heritage assets on and off site, including the Evercreech Conservation Area, nearby Grade II listed buildings and the non-designated heritage assets of the Creamery Buildings and Kemps Mill
  • The benefits which the proposed development may bring, including the provision of market and affordable housing, and any other economic, social and environmental contributions

What decided it

The proposal's poor design, contrary to paragraph 139 of the Framework, combined with the heritage harm from loss of the Creamery buildings and harm to the setting of Batt's House and the Conservation Area, was found to significantly and demonstrably outweigh the scheme's benefits.

The very substantial weight against poor design and the very considerable weight against heritage harm to designated and non-designated assets outweighed the significant benefits of market and affordable housing, economic regeneration and brownfield reuse, so the tilted balance did not favour granting permission.

What the Inspector cited

Development plan policies
Core Policy 1Core Policy 2Core Policy 3Core Policy 4Policy DP1Policy DP3Policy DP5Policy DP6Policy DP7Policy DP8Policy DP9Policy DP11Policy DP16Policy DP20Policy DP23Policy DP25
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 60Paragraph 76Paragraph 88Paragraph 109Paragraph 115Paragraph 124Paragraph 133Paragraph 134Paragraph 135Paragraph 136Paragraph 139Paragraph 167Paragraph 170Paragraph 185Paragraph 186Paragraph 187Paragraph 205Paragraph 208Paragraph 209
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (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.

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The decision letter

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The authority’s record since 2016 · every decision in 2024

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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.