The Geldings, Bouts Lane, Holberrow Green, Inkberrow (live/work unit)

appeal 6009011·Wychavon·29 September 2026dismissed
Decision
dismissed, 29 September 2026
Decided by
Planning Inspector: D Marley
Authority
Wychavon (West Midlands)
Appeal reference
6009011
Application reference
W/26/00048/FUL
Procedure
written representations
Development
Live/work unit with a new direct access onto the B4092 and a new agricultural access (an earlier live/work permission on the site is an agreed fallback)
Homes
1
Site context
open countryside
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
TR6(4), S5(4)
Development plan policies
South Worcestershire Development Plan Review 2026 SWDPR 03, 6, 15, 29, 30, 38, 39
Main issues
highway safety; location against plan policies; access to services; BNG; drainage

Summary

A live/work unit in open countryside near Inkberrow, with a new access onto the B4092. An earlier live/work permission on the site was an agreed fallback. The inspector found the visibility splays unevidenced for the road's speeds, a TR6(4) failure given very substantial weight, and that the rural-business category S5(1)(b) was not met because necessity was not shown. Under S5(4) the benefits did not outweigh the harm. Dismissed.

Issues and findings

Planning balance

S5(4) exceptional circumstances, correctly stated at DL ¶43. Benefits (fallback significant on location; live/work, construction, planting limited) against very substantial highway harm. The conclusion is phrased as "the benefits of the proposal would be substantially outweighed by the adverse effects" (DL ¶49), the S5(1) form rather than the S5(4) "substantially outweigh" test (DL ¶43). Immaterial here: it fails either way.

What made the difference

The new direct access onto a fast B road without a speed survey. The fallback neutralised the location objection, but not the new access, which the earlier permission did not include.

Transferable points

Policy findings

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

PolicyFindingWeightNote
TR6(4)failvery-substantialno evidence that 60 m splays suit the 40 mph limit (60 mph nearby) or recorded speeds; condition could not mitigate (DL 8-10, 14, 48)
S5(1)(b)failrural business element, but no evidence a countryside location is necessary (DL 42-43)
S5(4)failexceptional circumstances test stated correctly at DL 43; concluded at DL 49 in S5(1) form (benefits substantially outweighed)
TR3neutralmapped - TR3 not cited; limited footway and lighting and some car reliance, but live/work and the fallback mean few extra trips, so reasonable access under SWDPR 06 (DL 23-30)
F8passdrainage acceptable by condition; no conflict with CC3, F7, F8 (DL 40)

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.