Application registered
Consultation
period
Application under consideration
Decision
made
Description
Variation of conditions 1 (Approved plans), 2 (Demolish specified buildings) and 3 (Landscaping of buffer zone and implementation) on application P20/S1104/FUL (Change of use of a scrap yard for the storage and distribution and small scale production of pre-cast concrete products, the erection of buildings, storage of plant and equipment, area of hardstanding, wheel wash, perimeter fencing, lighting and improvements to an existing access. (Retrospective))
Non-compliance with condition 2 and 3 on the basis that planning permission exists for a scrap yard adjacent to the existing woodland boundary and that the enclosed Aboricultural Impact Assessment (AIA) demonstrates that the existing concrete surface is unlikely to affect the function of the woodland, as it has co-existed with the potentially other harmful activities for 20+ years. The application also seeks to vary condition 1 to replace the approved Site Layout drawing reflecting the changes sought.
As amplified by Agent's email dated 15 January 2025.
Location
Fords Yard Menmarsh Road Worminghall HP18 9UP
Applicant
Midwest Construction Ltd
Menmarsh Road
Worminghall
HP18 9UP
Agent
GP Planning Ltd
iCon Innovation Centre
Eastern Way
Daventry
NN11 0QB
Consultation / Notification
No further Representations on this application will be accepted.
Consultations / Notifications to date are shown below.
If the response has been scanned, you can access the document by clicking the folder icon alongside the relevant consultee. Folders with a
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alongside them indicate new content within the folders (i.e. new documents added within the last 7 days)
Name / Number
Date Sent
Response Date
Scanned Response
Waterperry Parish Council
c/o Mrs S Parker (Chairman)
Abbey Cottage
29 Waterperry
Oxford
OX33 1LB
Ecology Team (South and Vale)
14 01 2025
Thomley Hill Farm
Smith'S Lane
Worminghall
Aylesbury
HP18 9XF
Burwood
Menmarsh Road
Worminghall
Aylesbury
HP18 9UP
Forestry Officer (South and Vale)
29 01 2025
Cllr Tim Bearder
Forest Hill and Holton
Application Type
Major
(Section 73)
Application Progress
Date Received
24th October 2024
Registration Date
24th October 2024
Start Consultation Period
29th October 2024
End Consultation Period
19th November 2024
Target Decision Date
12th February 2025
Decision
Refusal of Planning Permission on 12th February 2025
Conditions / Refusal Reasons
The amendment of the conditions as proposed would lead to a material diminution of the quality of approved development when compared with the extant permission. The site backs onto ancient woodland to the west. Ancient woodland is an irreplaceable habitat of prime ecological value. Ancient woodland benefits from strict protection in the planning process. This retrospective application seeks permission to regularise the unlawful implementation of built development within the (minimum) 15 metre ancient woodland buffer. This buffer was previously vegetated. Standing advice emphasises the importance of the ancient woodland buffer. Built development within the ancient woodland buffer is harmful to the ancient woodland and is unacceptable. Conditions 1, 2 and 3 of the original planning permission are required to reverse the harm that has already occurred and should be retained.
There are no wholly exceptional reasons related to public benefit to justify the development and as such, the development as built is contrary to Policies ENV1, ENV2 and ENV3 of the adopted South Oxfordshire Local Plan and advice contained in the NPPF specifically Paragraphs 140 and 193c.
Appeal
Appeal lodged on 14 August 2025
Appeal Type
Written Representations
Updates
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