®Planning appeal decision
Mearse Croft Farm , Mearse Lane , Inkberrow, WORCESTERSHIRE, B96 6LN
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
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
Framework references: 57, 135, 198, 200, 201
Plan policies cited: Policy SWDP31, Policy SWDP 31
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.