Minutes

Present: Councillor’s  Mr Jim Baker (Chairman), Richard William, David Nott, Ms Sally Watkins, Ms Sandra Woodhouse, Ms Sue Morris, Andrew Croot, Douglas Godwin

In attendance:Mr S Clee Clerk, WPC Jenny Bray and Mr Clive Skidmore, Pauline Williams, E Bottery, Mr & Mrs T Prescott, Mr & Mrs M Shenton, Mr I Brigg, Mrs A Bray, Mr M Roberts, Mr P Bayliss, Mr & Mrs G Pulford, Mr & Mrs S Bowen, Mr & Mrs R Evans, Mr B Keightley, Mr & Mrs P Glower, Mr C Harrison, Mr B Thornton, Mr H Green, Mr J Goodman, Mr & Mrs M Sheffery, Mr & Mrs L Wallace, Mr M Harrison, Mr E Bayliss & Mr R Williams.  

Apologies: Councillors Isobel Hedges Ward, Emily Bourne & County Councillor Dan Morehead. 

2484 Confirmation of the Minutes:

The minutes of the last meeting held on 30th June 2025, as previously circulated, were approved and signed by the Chairman.

2485 Declaration of Interest for a) The Meeting and b) Any Changes to be notified to the Registers of Interests and Gifts & Hospitality.

Councillor Richard Williams stated he was a resident of Plough Lane near to tonight’s Planning Application in Lynalls Lane, 24/0707/FULL.

2486 Public Participation:

We received four representations from the public, Mr T Prescott, Mr M Shenton, Mrs C Shenton and Mr B Thornton. All the points of objections have been captured in the Councils final recommendations. The Chairman invited anyone in the public gallery who wished to speak in support of the application and there were none.

2487 Planning Applications:

010   24/0707/FULL  Change of use of land to travellers caravan site consisting of a single pitch containing 1 mobile home and 1 touring caravan along with associated foul drainage, hard standing, car parking and retention of two agricultural sheds (part retrospective)@ Land To The East Of Wayside, Lynalls Lane, Far Forest, Rock.

It was RESOLVED to recommend REFUSAL. Lynalls Lane is a privately owned unadopted Road just like Plough Lane. This application site relates to non-previously developed land which sits outside the recently approved Wyre Forest District Local Plan and its specific policies adopted to secure no travellers caravan sites will be allowed outside of the specified allocated site in Policy No SPC.14 Change of use of land to travellers caravan site consisting of a single pitch containing 1 mobile home and 1 touring caravan along with associated foul drainage, hard standing, car parking and retention of two agricultural sheds (part retrospective).

This site is rich with biodiversity and wildlife ranging from Buzzards, Woodpeckers, and a rich Bat settlement with great crested newts using the site as their homestead together with deer often seen roaming along Lynalls Lane and adjacent Plough Lane and the open fields.

The site lies adjacent to the ancient Wyre Forest which is the largest woodland National Nature Reserve in the Country which straddles the border of Shropshire and Worcestershire and is known to have been wooded since at least 900AD. The ‘Foresta de Wyre’ is mentioned in the Domesday Book, Britain’s earliest record commissioned by William I in 1085.

The Parish Council believes that this proposed development is unacceptable in principle, contrary to the following Wyre Forest Policies:

DS01 of the Adopted Core Strategy, policies SAL.DPL1 and SAL.DPL2 of the adopted Site Allocations and Policies Local Plan and Paragraph 77 of the National Planning Policy Framework.

The development results in the loss of irreplaceable ancient woodland, contrary to NPPF (National Planning Policy Framework) paragraph 180(c) which states that such harm should be refused unless wholly exceptional reasons are demonstrated. None have been provided.

As the Forestry Commission states, "ancient woodlands are irreplaceable, rich ecosystems that have developed over centuries and support some of our rarest species". As stated in the National planning policy - specifically Paragraph 180(c) any development resulting in the loss or deterioration of such habitats should be refused, unless there are wholly exceptional reasons.

This is outside the settlement boundary as outlined in the Wyre Forest District Local Plan 2016-2036.

The proposed site does not qualify as an exception site (WFDC Policy SAL.DPL2 Rural Housing, Exception Sites.

The proposal fails to accord with several of the District Council's policies regarding developments in Rural Areas namely it is in conflict with Policy CS12 of the Adopted Core Strategy and Policies 23C and 28B of the Wyre Forest District Local Plan and also Government advice in the National Planning Policy Framework

This proposal will create harm to the character and visual amenity of this important ancient landscape. Such harm would be contrary to Policy CP12 of the Adopted Core Strategy, Policy SAL.UP6 of the Adopted Site Allocations and Policies Local Plan, Policies 11B and 11C of the Wyre Forest District Local Plan.

No Biodiversity Net Gain plan - breach of Environment Act 2021

Since February 2024 every qualifying development must demonstrate at least 10% Biodiversity Net Gain and submit a Biodiversity Gain Plan for approval.

This application provides no baseline habitat survey, no biodiversity metric calculation and no Gain Plan. Ancient woodland cannot be counted towards offsetting losses. Without a compliant Gain Plan the Council cannot lawfully grant consent.

Conflict with traveller-site policy and local plan supply

Government Planning Policy for Traveller Sites (December 2024, para. 26) requires councils to "very strictly limit" new sites in open countryside away from existing settlements or sites not allocated in the Local Plan. This land is open countryside and is not allocated. Wyre Forest District already has an identified five-year supply of pitches through its allocated site at Zortech Avenue (Policy SP.14). There is therefore no unmet need to justify this harmful location.

6.2.11 Proposals for Gypsy and Traveller sites are predominantly residential and will be acceptable on previously developed land or in areas allocated primarily for residential development subject to all relevant policies within the Local Plan being met. The Council has reassessed the proposed allocations in Kidderminster and considers that site LI/10 adjacent to the proposed Travelling Showpeople site may potentially be suitable for gypsy use. It is currently proposed for employment use. The site is adjacent to an existing residential estate where a number of gypsy families live. It has good access to facilities, including schools, shops and employment and is near a high frequency bus route.

Protected woodland , these woods are protected by the national planning framework (NPPF180C) and Wyre Forest Local Plan ( Policy NC.1-NC.7,LA1) Development on ancient woodland should be refused unless ''Wholly exceptional reasons'' are proven. I believe that there have been non given.

The proposed development is in breach of WFDC Local Plan (SAL.UP1) to protect ancient woodland and furthermore does not comply with NPPF 180(c) which states that development on ancient woodland should only be considered under exceptional circumstances.

1. Conflict with the Wyre Forest Local Plan

The proposal is in breach of Policy SAL.UP1 of the Wyre Forest Local Plan, which seeks to protect and enhance areas of ancient woodland. The development is inconsistent with the Plan's spatial strategy and environmental priorities, undermining its purpose of safeguarding irreplaceable natural assets.

2. Non-Compliance with the National Planning Policy Framework (NPPF)

The application clearly conflicts with paragraph 180(c) of the NPPF, which states that development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland, should be refused unless wholly exceptional reasons are demonstrated. No such reasons have been presented in this case.

3. Harm to Ancient Woodland and Protected Habitats

The proposed development encroaches within 15 metres of ancient woodland, a recognised irreplaceable habitat, and follows unlawful clearance of part of that woodland, seemingly to facilitate development. This action breaches Natural England's Standing Advice, which requires a 15-metre buffer zone and discourages development that would damage the ecological integrity of ancient woodland.

The clearance also appears to contravene the Wildlife and Countryside Act 1981, which protects certain species and habitats from disturbance or destruction, and the Forestry Act 1967, which prohibits the unauthorised felling of trees. No felling licence has been evidenced. Granting permission would effectively reward unauthorised clearance of protected habitat, setting a highly dangerous precedent.

4. Precedent for Unlawful Clearance and Green Belt Encroachment

If approved, this application would signal that protected land, including ancient woodland and potentially Green Belt, can be unlawfully cleared and retrospectively regularised through planning permission. This would fundamentally undermine Policy SP.23 of the Wyre Forest Local Plan and paragraph 180(c) of the NPPF, eroding longstanding safeguards for nationally important habitats.

5. Loss of Biodiversity and Failure to Achieve Net Gain

Due to the unauthorised clearance of ancient woodland, it is not possible to achieve Biodiversity Net Gain, as mandated under Section 90 of the Environment Act 2021 and Policy DM27 of the Local Plan. No Biodiversity Net Gain Assessment has been submitted, and there is no indication of appropriate mitigation or compensation.

In conclusion this proposal represents an egregious conflict with both local and national policy and contravenes multiple pieces of environmental legislation, including:

• The Wyre Forest Local Plan (Policies SAL.UP1, SP.22, SP.23, SP.27, DM27)
• The National Planning Policy Framework (paragraphs 111, 130, 134, and 180)
• The Environment Act 2021 (Biodiversity Net Gain)
• The Wildlife and Countryside Act 1981 (protection of habitats and species)
• The Forestry Act 1967 (unauthorised tree felling)

6. Breach of Wyre Forest Local Plan

The proposal is contrary to Policy SAL.UP1 of the Wyre Forest Local Plan, which seeks to protect and enhance ancient woodland. This development does not accord with the Plan's spatial strategy or environmental safeguards.

7. Breach of the National Planning Policy Framework (NPPF)

The development results in the loss of irreplaceable ancient woodland, contrary to NPPF paragraph 180(c), which states that such harm should be refused unless wholly exceptional reasons are demonstrated. None have been provided.

8. Impact on Ancient Woodland / Protected Habitats

The proposal not only encroaches within 15 metres of the ancient woodland boundary, but it also follows the unlawful clearance of dense Ancient Woodland to create space for the development. This action directly contradicts Natural England's standing advice and poses a serious risk of irreversible habitat loss. Granting development consent here would be effectively rewarding unlawful clearance to create developable land.

9. Sets a dangerous precedent

Approving this application would set a dangerous precedent for development within ancient woodland (or green belt areas) undermining the strong protections afforded by policy SP.23 of the Wyre Forest Local Plan and paragraph 180(c) of the NPPF.

It would signal that unlawful clearance and unauthorised use of protected land can be retrospectively regularised, encouraging similar applications and erode longstanding planning safeguards.

10. Environmental & Biodiversity Net Loss

Unlawful clearance of ancient woodland makes Biodiversity Net Gain impossible for this proposal. No biodiversity net gain assessment has been submitted, contrary to Local Plan Policy DM27 and Section 90 of the Environment Act 2021.

The proposed site and surrounding area form a vital haven for wildlife, supporting protected species providing irreplaceable habitats of high ecological value. The clearance and hardstanding already created onsite would almost certainly have biologically devalued the site.

The introduction of further hardstanding, lighting, noise and continuous human activity associated with the proposed traveller site would fragment these habitats and cause significant disturbance. This is contrary to policy SP.23 of the Wyre Forest Local plan and paragraph 180 of the NPPF which require the protection and enhancement of priority habitats and species.

11. Highways & Access Safety

The proposed development relies on narrow single track access roads which are currently maintained by residents (frontagers). The proposed site can be accessed by 2 lanes (Plough Lane & Lynalls Lane) both of which have very limited passing places, lack adequate width, visibility and surfacing and therefore would be wholly unsuitable for the increased traffic associated with caravans, service vehicles, deliveries and visitors.

Both lanes are already used heavily by dog walkers, horse riders and naturalists and the intensified use would create severe safety risks for these vulnerable users. The proposed development would create a highway safety risk contrary to Policy SP.27 of the Wyre Forest local plan and paragraph 111 of the NPPF.

12. Overdevelopment / Harm to Character

The proposal represents overdevelopment of this sensitive rural location that is out of keeping with the rural character of the Wyre Forest, contrary to Policy SP.22.

We believe that the proposed development would erode its rural character and tranquility and set a harmful precedent for further encroachment. Paragraph 130 of the NPPF requires any development to be sympathetic to local character and the surrounding landscape.

We strongly believe that the proposed traveller site fails to integrate the development into its sensitive setting, contrary to NPPF 134 and the design principles of the local plan.

13. Insufficient Justification (No Wholly Exceptional Reasons)

For development on ancient woodland or Green Belt, strong justification is legally required. No evidence of 'wholly exceptional reasons' has been submitted to justify this harm, as required by NPPF 180(c).

In summary Council believes the woodland's protected status remains, even after felling/clearance. Granting the proposed development (or any development for that matter) would reward unlawful clearance and set a dangerous precedent both in the Wyre Forest and Nationally.

Rock Parish Council believes the correct response is REFUSAL of permission and enforcement of proper full-site restoration, and strongly urges WFDC Planning Department to support our rural communities and support our total opposition.

2488 Correspondence:

There was no additional correspondence.

2489 County and District Reports:

In the absence of all our District & County Councillors there were no reports.

2490 Parish communications

All communications had been circulated prior to the meeting.

2491 Finances:

1. The council approved payments totaling £60 for payment tonight.
2. The council noted the current Receipt and Payment sheets for 2025-2026.
3. Council approved the Annual Governance Statement for 2024-2025 and Authorized the Chairman & Clerk to sign them accordingly.
4. The Council further Approved the Accounting Statements for 2024-2025 and Authorized the Chairman & Clerk to sign them accordingly.
5. Council approved the Clerk & Chairman complete the Annual Accounts for 2024-2025. In accordance with Messrs. P K Littlejohn requirements.
6. Council noted Ms Abi Boore had decided not to continue to be our Internal Auditor due to the unnecessary time it takes to satisfy P K Littlejohn with answers to our previously submitted AGAR for 2023-2024. Council noted the Clerk had engaged with Mrs Michelle Hire for this years work and highly recommended her skills following engaging her to do this year’s internal Audit. It was RESOLVED to appoint Mrs M Hire as our designated internal auditor for 2025-2026.

2492 Date of the next Meeting:

There being no other business, the meeting ended at 19.50pm. The next meeting will be held on Monday 29^th September 2025, which will be at the Sports Pavilion, Callow Hill, DY12 9DB at 7.00pm.

Signed Chairman: 28 July 2025