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Appeal Overview

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

Ïã¸ÛÁùºÏ²Ê×ÊÁÏͼ¿â County Council application reference: 19/000053/CM

Appeal site address: Lea Castle Farm, Wolverley Road, Broadwaters, Kidderminster, Ïã¸ÛÁùºÏ²Ê×ÊÁÏͼ¿â 

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

Contact for Ïã¸ÛÁùºÏ²Ê×ÊÁÏͼ¿â County Council administration for this appeal is: Steven Aldridge, email: DevControlTeam@worcestershire.gov.uk, tel: 01905 843510

Background to the Appeal (First Inquiry)

An appeal was made to the Secretary of State by NRS Aggregates Ltd against the decision of Ïã¸ÛÁùºÏ²Ê×ÊÁÏͼ¿â 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, Ïã¸ÛÁùºÏ²Ê×ÊÁÏͼ¿â ().

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 has now been remitted to the Planning Inspectorate who will now re-determine the appeal.  

Re-determination of the Appeal (Second Inquiry) 

The appeal will be determined on the basis of an Inquiry. The procedure to be followed is set out in the .

Any representations that were made at application stage or when the appeal was first determined will be considered by the Inspector when determining this appeal.

If you wish to make comments, or modify / withdraw your previous representation, you can do so online through the Planning Inspectorate’s . The Planning Inspectorate do not accept comments by email. Where possible, the Planning Inspectorate encourage comments / correspondence to be sent online via the . If, however, you do not have access to the internet, you can send your comments to: 

Helen Skinner
The Planning Inspectorate 
Temple Quay House 
2 The Square
Bristol 
BS1 6PN

All representations must be received by 23 May 2024. Any representations submitted after the deadline will not usually be considered and will be returned. The Planning Inspectorate does not acknowledge representations. All representations must quote the appeal reference.

Please note that any representations you submit to the Planning Inspectorate will be copied to the appellant and this local planning authority and will be considered by the Inspector when determining this appeal.  

Planning Inspector and Inquiry Dates

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

Arrangements for the Inquiry are currently being finalised by the Planning Inspectorate.

The Inquiry is currently scheduled to open at 10:00 hours on Tuesday 5th November 2024, running to Friday 15 November 2024 (siting 5 November to 8 November and 14 November to 15 November 2024). 

Venue 

The Inquiry will be held at: , 35 Hartlebury Road, Stourport-on-Severn, DY13 9JA.

Revised Plans and Supporting Information Consultation - July 2024

As part of the re-determination of the appeal, the appellant has 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: www.worcestershire.gov.uk/eplanning 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).

Should you wish to comment on the further information please send your comments to the appellant at email: aldermill@aldermill.co.uk or post: (Alder Mill Enterprise Ltd, Unit 6a, Alder Mill Business Park, Sheepy Road, Atherstone, Warwickshire, CV9 3AH). Please ensure your comments are received before 6 September 2024.

Copies of the further information can 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 will be 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) 
• Schedule of Plans 03.03.23
• Inquiry Core Documents
• Proofs of Evidence
• Additional Inquiry Documents

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

Decision 

When made the decision on the appeal (second Inquiry) will be published here and on the .