Land at OS 7540 6621 Stourport Road, Great Witley (4 dwellings)

appeal 6010196·Malvern Hills·18 September 2026dismissed
Decision
dismissed, 18 September 2026
Decided by
Planning Inspector: MG Garrard
Authority
Malvern Hills (West Midlands)
Appeal reference
6010196
Application reference
M/25/01626/FUL
Procedure
written representations
Development
4 large detached dwellings on an edge-of-village field with extant permission in principle for up to 9
Homes
4
Site context
settlement edge, open countryside
Green Belt
No
Housing land supply
5.48 years
Framework applied
August 2026 NPPF
Determinative policies
L3(4), L3(2)(b), HO7
Development plan policies
South Worcestershire Development Plan Review 2021-2041 (Mar 2026) SWDPR 03, SWDPR 16, SWDPR 39
Main issues
efficient use of land; drainage

Summary

Four large detached houses were proposed on an edge-of-village field at Great Witley, which already had permission in principle for up to nine dwellings. The appeal was dismissed because the scheme's very low density (about 4 dwellings per acre) failed the new Framework's efficient-use-of-land policy L3. L3(4) says such proposals "should be refused". It is the first decision found that refuses housing for under-using land under L3.

Issues and findings

Planning balance

A plan-led s38(6) decision, with an S-policy style test: "the benefits of approving the proposal are substantially outweighed by the adverse effects arising from the failure to make efficient use of the appeal site and the conflict with the development plan" (DL ¶33). Benefits (housing, affordable contribution, BNG, spending) weighed moderately. The council could show a 5.48-year supply, so no evidenced unmet need was in play.

What made the difference

L3(4) gave a national "should be refused" hook for under-development. Paired with the SWDPR 30 dph benchmark and the SHMA need for smaller homes, it outweighed modest benefits. A denser scheme of smaller homes on the lower, flatter part of the site (DL ¶20) would probably have succeeded.

Transferable points

Policy findings

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

PolicyFindingWeightNote
L3(2)(b)failsite adjoins settlement boundary and has PiP, so footprint "should make the best use of the site's development potential"; about 4 dpa unjustified by constraints (DL 20-24)
L3(4)conflictproposals not making efficient use of land "should be refused" (DL 23, 30)
HO7benefitmoderatesubstantial weight to homes meeting evidenced needs, reduced because SHMA need is for smaller homes (DL 31-32)
AnnexD(9)neutralCouncil shows 5.48 years including 20% buffer (DL 29)
F8passinfiltration drainage feasible; SWDPR 39 met (DL 25-27)

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.