Appeal Overview

Planning Inspectorate appeal reference: APP/E1855/W/22/3310099

Worcestershire County Council application reference: 19/000053/CM

Appeal site address: Lea Castle Farm, Wolverley Road, Broadwaters, Kidderminster, Worcestershire 

Description of the development: Proposed sand and gravel quarry with progressive restoration using site derived and imported inert material to agricultural parkland, public access and nature enhancement 

Appellant’s name: NRS Aggregates Ltd

Case officer contact at the Planning Inspectorate: Helen Skinner, telephone: 0303 444 5531, email: helen.skinner@planninginspectorate.gov.uk 

Contact for Worcestershire County Council administration for this appeal is: Sue Harrison, telephone: 01905 845320, email: leacastlequarry@worcestershire.gov.uk

Background to the Appeal (First Inquiry)

An appeal was made to the Secretary of State by NRS Aggregates Ltd against the decision of Worcestershire County Council to refuse to grant planning permission for proposed sand and gravel quarry with progressive restoration using site derived and imported inert material to agricultural parkland, public access and nature enhancement at Lea Castle Farm, Wolverley Road, Broadwaters, Kidderminster, Worcestershire (Application Reference: 19/000053/CM).

The appeal was determined on the basis of a Public Inquiry, which ran between 28 February to 8 March 2023. The Planning Inspector (S Normington BSc, DipTP, MRICS, MRTPI, FIHE, FIQ) in his Decision Letter dismissed the appeal, refusing planning permission on 5 May 2023.

Judicial Review

On 14 June 2023 the appellant submitted a claim to the High Court of Justice for statutory review of the decision by the Planning Inspectorate. This process is known as Judicial Review and is concerned with the way in which a decision has been made, rather than the merits of the decision. 

Permission was granted for the claim on two grounds:

Ground 1)    Error in law in relation to biodiversity net gain; and 

Ground 2)    Breach of section 38(6) of the 2004 Act by (i) failure to have regard to  two important policies; (ii) failure to recognise the statutory priority of the development plan; (iii) failure to  determine whether the proposal complies with the development plan as a whole; iv) failure to understand the nature and degree of compliance or conflict with the development plan. 

Following the High Court hearing on 31 October 2023. Mr Justice Eyre handed down his judgement on 16 November 2023 on the Decision of the Inspector.  The Court decision is that the claim against the Inspector’s decision was successful on Ground 1) which was concerned with whether the Inspector had made a material error in reaching his decision and therefore their decision should be quashed (High Court Reference AC-2023-BHM-000122 (CO/2189/2023). 

The Court Order quashing the decision is dated 24 November 2023 and the matter was remitted to the Planning Inspectorate to re-determine the appeal.  

Re-determination of the Appeal (Second Inquiry) 

The appeal was re-determined on the basis of an Inquiry. The procedure that was followed is set out in the Town and Country Planning Appeals (Determination by Inspectors) (Inquiry Procedure) (England) Rules 2000, as amended.

The Inspector appointed by the Secretary of State to hold the second Inquiry was J Woolcock BNatRes MURP DipLaw MRTPI. 

The in-person Inquiry opened at 10:00 hours on Tuesday 5 November 2024, sitting 5 November to 8 November and 14 November to 15 November 2024. A virtual Inquiry Round Table Discussion (Conditions Session) sat on 25 November 2024 (commencing at 14:00 hours). The Appeal Site Visit took place on 11 November 2024. 

Venue 

The Inquiry was held as an in-person event at: Stourport Manor Hotel, 35 Hartlebury Road, Stourport-on-Severn, DY13 9JA, with the facility to participate virtually.

Facilities that were available at the Inquiry venue for people with disabilities included dedicated car parking spaces, level / ramped access, the Inquiry room is located on the ground floor, all corridors and doors are wide enough for wheelchair access, hearing loop in the Inquiry room, and accessible toilet facilities. 

Live Streaming 

The Inquiry was live streamed and was available to view on Worcestershire County Council’s YouTube channel for a limited time period, in accordance with the Council's Privacy Notice. 

Please see the Council's Privacy Notice for information about how Worcestershire County Council processes personal data.

Participating in the Inquiry 

Members of the public were able to attend the Inquiry and, at the Inspector’s discretion, express their views. Anyone who wished to participate / speak at the inquiry was encouraged to contact Worcestershire County Council in advance (telephone: 01905 845320 or email: leacastlequarry@worcestershire.gov.uk). Anyone who wished to participate in the Inquiry virtually, was encouraged to contact Worcestershire County Council on the above contact details for how to do so, as soon as possible prior to the inquiry.

Revised Plans and Supporting Information Consultation - July 2024

As part of the re-determination of the appeal, the appellant submitted revised plans and supporting information relating to the change to the proposed mineral processing plant to one of a smaller size, and with a reduced operational acoustic volume, compared to that proposed and assessed within the original application scheme. This has allowed for the reduction in the number, height and / or duration of temporary soil storage / screening bunds and minimising the time when quarry operational land is required.

The revised plans, Environmental Statement Addendum and Appendices and Non-Technical Summary are available to view online at: https://worcestershire.planning-register.co.uk using the application reference: 19/000053/CM. When searching by application reference, please ensure that the full application reference number, including the suffix are entered into the search field. The documents are also available to view at: Inquiry Core Documents (see CD.15 Revised Plans and Supporting Information – July 24).

The appellant sought comments on this further information between 5 August 2024 and 6 September 2024. 

Copies of the further information was available to be obtained from Alder Mill Enterprise Ltd, Unit 6a, Alder Mill Business Park, Sheepy Road, Atherstone, Warwickshire, CV9 3AH; email: email: aldermill@aldermill.co.uk at a cost of £100 for a paper copy; or on USB flash drive at a cost of £20.

Public consultation events were held on 7 August 2024 and 21 August 2024 from 12:30 to 19:30 hours at Wolverley Memorial Hall, Wolverley, Kidderminster, DY11 5TN to allow interested parties to visit and view the proposed alterations. 

Documents

Documents relating to the appeal are as follows:

• Inquiry Programme (First Inquiry)
• Inquiry Programme (2024.11.11) (Second Inquiry)
• Schedule of Plans 03.03.23 (Original Appeal Scheme)
• Schedule of Plans, October 2024 (Amended Appeal Scheme)
• Inquiry Core Documents (CD)
• Proofs of Evidence (POE) (First Inquiry)
• Additional Inquiry Documents (ID) (First Inquiry)
• Re-determination Inquiry Documents (rID) (Second Inquiry)
• Re-determination Proofs of Evidence (rPOE) and Rebuttal Proofs (rRP) (Second Inquiry)
• Revised Schedule of Conditions - Original Appeal Scheme, 19 November 2024 (Second Inquiry)
• Revised Schedule of Conditions - Amended Appeal Scheme, 19 November 2024 (Second Inquiry)

The Planning Inspectorate have produced guidance which sets out an overview of the process and procedure for Public Inquiries. 

Decision

The Inquiry was formally closed by the Planning Inspector on 6 December 2024. 

The Planning Inspector in his Decision Letter, dated 16 January 2025 dismissed the appeal (second Inquiry). The decision on the appeal (second Inquiry) is also available to view on the Planning Inspectorate’s website.