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Planning appeal decision

Dismissed21 August 20253351880

Land at Mahollam Road, Huntington, Kington, Herefordshire, HR5 3PU

the erection of polytunnels and associated infrastructure essential for blueberry and cherry production. Appeal B: APP/W1850/W/24/3351880 Land at Mahollam Road, Huntington, Kington HR5 3PU

Authority
Herefordshire Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Change of use
Inspector
Phillips A

Main issues, as the Inspector framed them

  • The effect on the character and appearance of the area (Appeal A)
  • The effect on the setting of the nearby Huntington Castle (Scheduled Monument and Grade II listed building) and Turret Castle (Scheduled Monument) (Appeal A)
  • Whether it has been adequately demonstrated that the effect of the development on the integrity River Lugg/River Wyre Special Area of Conservation has been assessed and mitigated to avoid any adverse impact (Appeal A)
  • Whether it has been adequately demonstrated that the effect of the development on the integrity River Lugg/River Wyre Special Area of Conservation has been assessed and mitigated to avoid any adverse impact, including whether it has been adequately demonstrated that the development would not lead to an unacceptable risk of foul water flooding and pollution to the local environment (Appeal B)
  • The effect on the character and appearance of the area with particular reference to perceptual qualities of quietude and visual effects (Appeal B)
  • The effect on the setting of the nearby Turret Castle (Scheduled Monument) (Appeal B)

What decided it

The combination of harm to landscape character, less than substantial harm to the settings of the scheduled monuments, and the failure to demonstrate with legal and scientific certainty that the developments would not adversely affect the integrity of the River Lugg/River Wye SAC, outweighed the generalised public benefits put forward.

the less than substantial harm to the settings of Huntington Castle and Turret Castle, together with harm to landscape character and unresolved uncertainty over SAC nutrient neutrality, was not outweighed by the generalised economic benefits of the polytunnel and caravan schemes

Framework references: 187, 206

Plan policies cited: Policy LD1, Policy RA6, Policy RA4, Policy SS6, Policy LD4, Policy LD2, Policy SD4, Policy SD1

Judgments cited: Steer v Secretary of State for Communities and Local Government, Catesby Estates Limited, Amber Valley Borough Council [2018] EWCA Civ 1697; Landelijke Vereniging tot Behoud van de Waddenzee v Staatssecretaris, 7 September 2004, C-127/02

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.