Planning appeal decision
Mearse Croft Farm , Mearse Lane , Inkberrow, Worcestershire, B96 6LN
Planning appeal 3356998 at Mearse Croft Farm , Mearse Lane , Inkberrow, Worcestershire, B96 6LN (Wychavon District Council) was allowed on 10 April 2025 by Inspector Guest H, following a hearing. The main issue, as the Inspector framed it: whether the condition is necessary to preserve residential amenity and prevent unacceptable noise pollution to the detriment of human health.
agricultural buildings, including grain silos, chicken sheds and movable hen houses without complying with a condition attached to planning permission Ref 21/02986/FUL, dated 18 May 2022
- Authority
- Wychavon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- agricultural · Minor general industry/storage/warehousing
- Inspector
- Guest H
- Postcode
- B96 6LN
Main issues, as the Inspector framed them
- whether the condition is necessary to preserve residential amenity and prevent unacceptable noise pollution to the detriment of human health
- if necessary, whether the condition meets the other tests set out at paragraph 57 of the Framework, that is whether it is relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other aspects
- if the condition does not meet the tests, whether it could be re-drafted to meet them
What decided it
the misapplication of the Framework's 'agent of change' principle, since the noise mitigation burden should have fallen on the later-permitted adjacent live/work unit rather than the pre-existing agricultural enterprise
the Framework's agent of change principle and protection of existing businesses (paragraphs 200-201) was afforded meaningful and decisive weight over the unresolved conflict with Policy SWDP31, tipping the balance in favour of allowing the appeal without the disputed condition
What the Inspector cited
- Development plan policies
- Policy SWDP31Policy SWDP 31
- National Planning Policy Framework
- Paragraph 57Paragraph 135Paragraph 198Paragraph 200Paragraph 201
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 appliedThe decision letter
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More decisions in Wychavon
The authority’s record since 2016 · every decision in 2025
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- Allowed21 October 20253364146Land At (Os 9200 6615) Crown Lane, Wychbold, Worcestershire, WR9 0FA
- Allowed17 June 20253356947Land to the Rear of 'The Willows', Leamington Rd, Broadway, Evesham, Worcs, WR12 7ED
- Allowed3 June 20253360289Lower Leys House , Lower Leys , Evesham, Worcs, WR11 3AE
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.
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