Our ref: W/09/01443/PN Your ref: APP/H1840/A/09/2117517/WF Mr R Nash The Planning Inspectorate Room 3/22 Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN 5 January 2010 Dear Mr R Nash RE: APPEAL SITE: Forest Farm Nurseries, Allens Hill, Pinvin, Pershore, WR10 2DU DESCRIPTION: Construction of replacement warehouse and cold store and change of use to limited B8 use from retail nursery and fruit and veg growing and dispatch. REF: APP/H1840/A/09/2117517/NWF Further to the questionnaire sent on 01/12/2009 in relation to the above appeal, please find a summary of the Council’s argument for refusal of this application below. A list of suggested conditions to be included should the application be approved has also been attached on a separate sheet. The Appeal Site The site of Forest Farm Nurseries is located in an area of open countryside outside of any defined settlement boundary. The site is located directly adjacent to the A44 link road which connects Worcester with Evesham. The site is a relatively isolated location, surrounding only by scattered residential and agricultural/horticultural enterprises. The site lies approximately 450 metres outside of the nearest settlement of Pinvin, where the development boundary is marked with residential development to either sides of the cross roads. A map has been attached to indicate the site’s location in relation to the nearby settlement. The site itself is largely shielded from the adjacent roadside by tall evergreen trees, although an opening at the existing vehicular access allows clear views of the existing residential property and brick stable building adjacent to the roadside. The site was previously used by a horticultural business, thereby being justified within its rural location, and had various glasshouses located to the rear of the existing dwelling and the barn building proposed to be replaced also being present. The site has not been used for these purposes for many years and has thus largely fallen into disrepair. In recent years, the dilapidated glasshouse structures have been removed from the site and the existing house refurbished and currently rented as residential accommodation on the open market. Anna Thompson BA (Hons) Planning Officer (North) Direct Dial 01386 565379 Fax 01386 561092 anna.thompson@wychavon.gov.uk The proposed development and use of the site is for an established business who are currently located within a local business park who deal with the packing and storage of fruit and vegetables. The business does not produce any fruit or vegetables itself and although has connections with local farmers for trading purposes, the Council would argue that the proposed use of the site is strictly for B8 use (storage and distribution) and would not constitute agricultural operations that would be considered to be more appropriate within the rural location. Relevant Site History The existing site has been the subject of various planning applications in recent years. Firstly, permission was granted in 2007 for the replacement of the existing dwelling with a larger property positioned further back on the site (ref: W/07/02247/PN) so that it was not affected to such a degree by the proximity to the busy A44. This application was approved on 17 December 2007 and this permission is still valid and a material start can still be made until 17 December 2010. A plan is attached to this statement to indicate the positioning of the approved replacement dwelling. The relationship this approved dwelling would have with the proposed warehouse can be seen in relation to the positioning of the old pack house on the site. In 2008 permission was also granted for the change of use of the existing brick stable building adjacent to the existing dwelling to be converted into offices (ref: W/08/01335/CU). Due to the open countryside location of the site, and the use of an existing building, this application was considered acceptable for commercial use under Wychavon District Local Plan Policy RES7. The Council’s Case This application proposes the erection of a new building for a proposed B8 use within an area of open countryside, by a business that does not constitute a rural or agricultural business and therefore cannot be justified within this rural location. The previous horticultural use on this site and any development related to it would not be considered to be previously developed land as PPS3 excludes land that has been occupied by agricultural or forestry buildings within the “brownfield” classification. This application was therefore assessed in terms of the erection of a new building for non-agricultural purposes on a greenfield site, outside of a defined settlement boundary, by a business that could not justify its rural location. The approval of this application was therefore considered to be contrary to Wychavon District Local Plan Policy GD1, Worcestershire County Structure Plan Policy SD4 and also the provisions of PPS7. Furthermore, the nature and scale of the proposed business was considered to be detrimental to the residential amenities of neighbouring properties, namely the existing dwelling on the site or the proposed approved replacement dwelling. Both the existing dwelling and its replacement are located outside of the site area included within this application and it cannot be assumed that the residential unit will be used in connection with the proposed storage, packing and distribution operations proposed by this business. It is therefore considered that the proximity of the residential unit (be that the existing or approved dwellings) to the proposed warehouse building and the associated vehicle turning, manoeuvring and parking areas, would be incompatible with the neighbouring residential use. Such uses within close proximity are likely to cause noise disturbance which would harm the residential amenities of the residents which would be contrary to Wychavon District Local Plan GD2. The Council acknowledge that since this application has been refused, new advice has been published by the Government in the form of PPS4, Planning for Sustainable Economic Growth. This publication includes objectives that are based around achieving sustainable economic growth and delivering sustainable patterns of development. PPS4 is now a material planning consideration which should be given significant weight and which supports the Council’s reason for refusal. Approval of this application would be considered to be contrary to Policy EC6.2 criterion (a) and (b) of PPS4. The document also stresses within Policy EC12 that the re-use of buildings in the open countryside would be preferable. This application proposes new development of a large scale which would not comply with criterion (b) of EC12. It is considered that insufficient evidence has been submitted to justify why the company cannot remain within the existing business park location and expand further, or find alternative sites within more sustainable locations that would require us to consider the use of this open countryside site by a nonrural business as an exceptional circumstance. I trust you now have all the information you require at this stage. If you require further assistance please do not hesitate to contact me on the number above. Yours sincerely, Anna Thompson Planning Officer (North)