Valera Ltd, Plox Brow, Tarleton

appeal 6004952·West Lancashire·30 September 2026dismissed
Decision
dismissed, 30 September 2026
Decided by
Planning Inspector: Chris Mayes
Authority
West Lancashire (North West)
Appeal reference
6004952
Application reference
2025/0330/FUL
Procedure
written representations
Development
Five dwellings and a block of 4 flats following demolition of former office and warehouse buildings
Homes
9
Site context
inside settlement, PDL, flood zone 2
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
F5, S4
Development plan policies
West Lancashire Local Plan 2012-2027 DPD 2013 GN3, GN4, GN5, EC1, EC2
Main issues
flood risk sequential test; loss of employment land

Summary

Nine homes on a former employment site inside Tarleton. Dismissed because no sequential test was done: part of the access lies in Flood Zone 2, so the F5 exception for sites with no built development in a risk area was not met. The loss of employment land was also unjustified, the buildings having been in storage use until 2023. Substantial weight to housing did not avoid the S4 "substantially outweighed" conclusion.

Issues and findings

Planning balance

S4(1): housing (substantial), PDL reuse and landscaping/biodiversity (limited) against flood (significant) and employment loss (significant). "the benefits … would be substantially outweighed by the adverse effects identified" (DL ¶25). Plan-led conclusion (DL ¶26). F5 was not routed as an S4(2)(c) trigger; it was weighed as an adverse effect.

What made the difference

The access route. Placing the houses outside the flood zone did not help because F5's exception expressly covers access and escape routes. A sequential test covering reasonably available lower-risk sites, and up-to-date marketing of the employment premises, were the missing pieces.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
F4(3)neutralproportionate site-specific FRA; F4(3) concerns scope of the FRA and does not displace the sequential test (DL 5-6, 9)
F5failsignificantpart of access in Flood Zone 2 and newer modelling shows wider risk, so the F5 exception (no built development incl. access/escape in risk area) not met; no sequential test (DL 7-10); adverse effect significant weight (DL 23)
F7neutralFRADS mitigation goes to whether development could be made safe, not to the sequential test (DL 10)
CC3conflictfails to minimise vulnerability to flooding through F4-F8 (DL 11, 23)
LP EC1/EC2/GN4 (local)conflictsignificantloss of employment land not justified; storage use until Nov 2023; no up-to-date marketing (DL 12-17, 24)
HO7benefitsubstantial9 dwellings; council cannot show adequate supply (figure not stated) (DL 20)
L2(1)(b)benefitlimitednot "underutilised" in the L2(1)(b) sense because employment use not shown to have ended, so no substantial weight; PDL reuse limited weight (DL 21)
S4failbenefits substantially outweighed by flood and employment-loss harms (DL 25)
Transitional(2)neutralGN3 and GN5 "broadly consistent with the sequential approach in the Framework" (DL 5)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.