Appeal 6005002

The appeal is allowed and planning permission is granted for erection of a building for the purposes of holiday let use, engineering operations to facilitate erection of a raised platform and creation of a hardstanding for parking at [site address] , Eardiston, Worcestershire [postcode] in accordance with the terms of the application, [name]/24/01785/FUL, subject to the conditions in the attached schedule.

I have used the description on the appeal form in the banner header above and my formal decision for clarity and removed words not relating to acts of development.

The South Worcestershire Development Plan (February 2016) (SWDP) referred to in the Decision Notice has been superseded by the South Worcestershire Development Plan Review (March 2026) (SWDPR), which was adopted on 26 March 2026. The main parties were provided with the opportunity to comment on the SWDPR in the context of this planning appeal.

Appeal decisions must be based on the policies from the development plan prevailing at the time of determination. Policies referred to in the reasons for refusal from the SWDP are no longer relevant and are disregarded. The Council has identified the policies from the SWDPR relevant to this appeal.

I observed during my site visit that the building, timber deck and gravelled parking area have been installed, and appeared to accord with the plans before me. An internal fit-out to the building was being undertaken. I have therefore considered the appeal on the basis that work has commenced but is not yet completed.

Reading the Council’s case in relation to the first reason for refusal, it has raised substantive concerns with regards to the raised platform/decking and not in reference to the building and hardstanding. From the evidence before me and my observations on site, I see no reason to disagree with the Council’s position.

The main issues are the effect of the proposed development on: • the character and appearance of the area; • flood risk; and • highway safety.

The appeal site is located on a hillside with far reaching views of the valley to the south. Located to the rear of a dwelling set in generous grounds, that forms part of a linear cluster of buildings fronting an unnamed country lane, the development is predominantly screened by mature vegetation, including woodland to the east, as well as the topography of the land.

Views of the development are afforded, through gaps in the vegetation, from the public rights of way that run along the track to the site’s immediate east, one of which veers to the west in the field below the site. From these vantage points, the building and hardstanding nestle comfortably into the slope, with a backdrop of vegetation along the boundary with the neighbouring property. Due to the steep gradient of the land at this point, the raised decking has the sense of being noticeably elevated from the surrounding ground. Nevertheless, the enclosure of its supporting posts with horizontal timber slats and landscaping has enabled the structure to embed itself into the hillside and not appear as a dominant or intrusive feature in the landscape.

For the above reasons, the proposed development would have an acceptable effect on the character and appearance of the area. It would comply with [name] SWDPR28, SWDPR34 and SWDPR46. These seek, amongst other things, a high design quality that complements local character and integrates with the landscape setting, as well as holiday accommodation to be visually unobtrusive and well screened.

There is no dispute that the site falls within [name] 1 and is not in an area of high surface water flooding. The Water Management Statement identifies that roof surface water would be discharged to a water butt, with any overflow directed to on-site soakaways. The level of detail is proportionate to the scale and nature of the development in this location, with site drainage and runoff mimicking the natural drainage network.

On the basis of the information before me, including no objection from the Council’s technical drainage advisor and the absence of substantiated evidence to the contrary, I am satisfied that surface water would be effectively managed on-site and would not result in an increased risk of flooding elsewhere.

In conclusion, the proposed development would have an acceptable effect on flood risk, in accordance with [name] SWDPR39 and SWDPR 40. These policies include the requirement for site drainage and runoff to be managed in a sustainable and co-ordinated way that mimics the natural drainage network using multiple features as well as foul drainage provision to apply the hierarchy of drainage options.

Access to the site is along a gravel and dirt track, which is a byway and wide enough to accommodate a motor vehicle. During my site visit I observed a van and a sports utility vehicle parked on the gravel hardstanding next to the appeal building.

Although part of the track’s gradient is noticeably steep and I visited on a dry day, there is nothing before me to indicate that it does not form an adequate access to the development, such as evidence of historical access issues associated with the holiday let mobile home previously located on the site. Consequently, vehicular traffic from the development would be able to access the highway safely.

Therefore, the proposed development would have an acceptable effect on highway safety. I have found no conflict with SWDPR Policy SWDPR06, which requires, amongst other things, development proposals to avoid an unacceptable impact on highway safety.

A wide range of other concerns have been raised by interested parties including, but not limited to, the mobility of the building, removal of trees and hedgerow, living conditions of occupiers of nearby properties and the obstruction of the public right of way.

The Council’s officer report addresses these concerns, and they did not form part of the reasons for refusal, which I have dealt with in the assessment above. There is no compelling evidence before me that would lead me to come to a different conclusion to the Council on these matters

The Council has provided a list of conditions that it considers would be appropriate in the event the appeal is allowed, and the appellant has commented on this list. I have considered the suggested conditions in light of the National Planning Policy Framework and the Planning Practice Guidance. Where appropriate, the wording from that proposed by the Council has been amended for clarity.

As work has already commenced, a time limit condition is not necessary.

I have imposed a condition requiring that the development is carried out in accordance with the approved plans for the avoidance of doubt and in the interests of clarity and certainty.

A condition preventing the use of the appeal building as a sole or main place of residence is necessary in the interests of clarity to adequately control the use of the site and to ensure it serves its intended purpose.

Whilst some landscaping has been undertaken at the site, the details are not before me. I have attached a condition relating to landscaping to allow a scheme to be appraised in the interests of character and appearance.

Conditions are included relating to drainage and waste storage in the interests of preventing an increased risk of flooding and the character and appearance of the area respectively.

On the basis that the car parking has already been provided, and is shown on the approved plans, a condition to require its provision is not necessary.

For the reasons given above, I conclude that the appeal should be allowed, subject to the conditions set out in the attached schedule.

The development hereby permitted shall be carried out in accordance with drawing nos. A109 Location Plan, A107 [name], A105 Floor Plan, A108 Revision 1 [name]&E, and A110 Revision 1 [name]&W.

The development shall be occupied as holiday accommodation only and shall not be occupied as a sole or main place of residence. An up to date register shall be kept and be made available for inspection by the local planning authority upon request. The register shall contain details of the names of all of the occupiers of the accommodation, their main home addresses and their date of arrival and departure from the accommodation.

The holiday accommodation shall not be occupied until a scheme of landscaping is submitted to the local planning authority. These details shall include planting along the southern and western boundaries of the site. The approved scheme shall be carried out during the first planting season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Prior to the first occupation of the holiday accommodation hereby permitted, the measures set out in the [name], contained within the Planning Statement dated December 2024, shall be fully implemented and retained thereafter for the lifetime of the development

Prior to the first occupation of the holiday accommodation hereby permitted, details of waste storage facilities to serve the building shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to first occupation of the building and retained thereafter for the lifetime of the development. **END OF SCHEDULE**