Plans to turn a former Somerset factory site into "inappropriate" new homes would "undermine the vitality" of the village, council lawyers have claimed.

West Estates Development Ltd twice failed to obtain planning permission to build up to 120 new homes and a small amount of commercial space on the former Greencore factory site on the B3081 Prestleigh Road in Evercreech.

Following the second refusal by Mendip District Council in July 2022, the Bristol-based developer lodged an appeal with the Planning Inspectorate and put forward amended proposals for the development site.

The inquiry was initially due to get under way in early-November 2023, but was pushed back two months after it emerged members of the public had not been given sufficient enough that it was taking place.

Barristers representing the developer and Somerset Council locked horns on the opening day of the rearranged inquiry on Wednesday (January 10), disputing whether redeveloping the site would benefit or harm the village's economy, heritage and infrastructure.

The proposals was refused by planning officers in July 2022, using their delegated powers, on the following grounds:

• The development would result in the loss of employment for the village, failing to "meet the aspirations of the Local Plan and the local community"
• The proposals would lead to the "loss of designated heritage assets" and would not contribute positively to "the maintenance and enhancement of local identity and distinctiveness of the area"
• The development would result in harm to nearby grade two listed buildings and the Evercreech conservation area
• The development's "cramped layout" would result in overlooking between properties, creating an "unacceptable living environment for future residents"
• The developer has provided "insufficient information" over how surface water would drain away from the site, meaning the development could increase the risk of localised flooding
• The proposals does not include "an appropriate mitigation strategy" to prevent an increase in phosphate levels on the Somerset Levels and Moors
• The proposed access points onto the B3081 and Neale's Way would "prejudice highway safety" due to a lack of visibility, while concerns also remain about the internal road layout
• The developer has not guaranteed the development will provide contributions to local schools and other community facilities

Since this ruling and the beginning of the appeal process, the developer has put forward amended proposals for the site, reducing the number of homes from 120 to 118.

At the opening day of the inquiry, held in Shepton Mallet on Wednesday morning (January 10), the developer confirmed that it was attempting to secure Homes England grant funding to ensure all 118 of these homes would be affordable, rather than only around 30 per cent.

Stephanie Hall, speaking on behalf of the developer, told the inspector: "We aim to deliver all these homes as affordable subject to achieving grant funding – failing this, they will be brought forward with 35 per cent affordable housing.

"The appeal delivers much-needed housing on a site which is crying out for it. It has been vacant since 2018 and has been subject to arson and antisocial behaviour.

"It is a blot on the landscape of Evercreech. The council's case would essentially result in the sterilisation of the site and the perpetuation of the status quo."

Ms Hall further argued that there was sufficient employment space within the former Mendip district to offset the loss of this brownfield site.

She said: "The council accepts that the future for this site doesn't lie in traditional employment usage, and a mixed use residential development is acceptable. But they then seek dismissal of the appeal on the basis that Evercreech shouldn't accept any more housing.

"The reality is it is far from necessary to retain this site as an allocated employment site. There is no other scheme waiting in the wings which would deliver more unviable commercial space and not enough housing."

While Kemp's Mill will be preserved under the plans (being refurbished for use as a shop or community space), other non-designated heritage assets – such as the creamery buildings – will be demolished early in the construction process.

Ms Hall concluded: "The house types are of a bespoke design which reflects this village. We will create well-designed homes for future residents.

"The creamery buildings are a non-designated heritage asset, and the developments will cause less than substantial harm to this.

"Viewed with a dose of realism, these assets cannot reasonably be retained."

Leanne Buckley-Thompson, representing the council, countered that approving housing on this site would contradict its own planning policies – policies which had been signed off by the Planning Inspectorate.

She said: "This site is designated as an established employment site in the Local Plan Part II. The Plan is clear that it should be retained and re-marketed; alternative uses will only be considered once new employment uses have been fully explored.

"The appeal proposals do not engage with our Local Plan policies. The site has not been subject to rigorous enough marketing to justify the significant loss of employment land which these plans entail.

"Evercreech has had housing growth in excess of the Local Plan level. Allowing homes here would undermine the vitality of the village."

Ms Buckley-Thompson also argued that the proposed designs of the homes would be out of keeping with the rest of Evercreech, undermining the remaining heritage assets.

She said: "The design falls short of national guidance on a number of levels, including the impact on heritage assets and local tress. It will deliver an inappropriate development.

"Heritage harm will materially result in damage to the conservation area. There are no heritage benefits identified which would outweigh the harm which this would create."

The inquiry is expected to site for a further five days, including a site visit.

Mr Hayden is expected to publish his final ruling in the early-spring.