Application Number M/24/01045/CLPU
Status Application Refused

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Planning Online Status


  • Application
    Valid
    02/08/2024
  • Consultation
    End
    26/08/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    27/09/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01045/CLPU
Location Address Greenlands Green Street Kempsey Worcester WR5 3QB
Proposal Application for a certificate of lawfulness for the proposed Construction of side extension and outbuilding used in conjunction with existing dwelling.
Status Refusal
Application Type Certificate of Lawfulness of proposed use
Appeal Decision N/A

Important Dates
Application Received Date 29/07/2024
Application Valid Date 02/08/2024
Consultation Start Date 05/08/2024
Site Visited / Site Notice Date
Consultation End 26/08/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 27/09/2024

Further Information
Expected Decision Level Delegated
Case Officer Hazel Smith
Parish Kempsey CP
Ward Kempsey Ward
Applicant Mr Rob Hockett
Agent Mr Edward Deacon, Principle Design
Agent Address Pidele House Main Road Wyre Piddle Pershore WR10 2JB

Condition Details / Information Notes
Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/24/01045/CLPU registered on 29/07/2024 for a Certificate of Lawfulness Proposed Use or Development is REFUSED in relation to the matter described in the First Schedule to this Notice in respect of the land specified in the Second Schedule to this Notice and on the plan attached to this Notice, as the matter described in the First Schedule to this Notice would not be lawful as at the 29/07/2024 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s) :- That the matter described in the First Schedule constitutes development within the meaning of Section 55 of the Town and Country Planning Act 1990 (as amended) thus requiring planning permission, because:- 1. The proposed plans include alterations to the fenestration arrangements and size of window openings within the host dwelling. Whilst this does not form part of the description of development, the Local Planning Authority consider the changes to visually alter the appearance of the host dwelling. As such, the proposed materials used in any exterior works are considered contrary to condition A.3 (a) of Schedule 2, Part 1, Class A. 2. The proposed detached outbuilding would not constitute 'Permitted Development' under Schedule 2, Part 1, Class E of the Town and Country (General Permitted Development) (England) Order 2015 (as amended). On the balance of probabilities, the primary intended use of the outbuilding for the storage of plant and machinery associated with the adjacent agricultural land is considered to fall outside of the parameters of Class E. Furthermore, the need for a sizable garage and two workshops is not considered reasonably required on such a large scale in relation to the domestic function of the dwellinghouse. 3. The proposed detached outbuilding would not constitute 'Permitted Development' under Schedule 2, Part 1, Class E of the Town and Country (General Permitted Development) (England) Order 2015 (as amended) due to the height of the proposed building exceeding 2.5 metres within 2 metres of the southern boundary of the curtilage of the dwellinghouse, thus failing to comply with paragraph E.1(e) of that class.
FIRST SCHEDULE Application for a certificate of lawfulness for the proposed Construction of side extension and outbuilding used in conjunction with existing dwelling. LOCATION Greenlands, Green Street, Kempsey, Worcester, WR5 3QB
Drawing no/s: GL.06.24 Proposed construction of outbuilding to be used in connection with existing dwelling and side extension to dwelling GL.01.24 Planning Drawings Proposed GL.05.24 Planning Drawings Existing

Copyright Notice

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 05/08/2024 Applicationformredacted(1) (253kb) -
Application Plans
04a. Block Plan 05/08/2024 Block plan (1656kb) GL . 05 . 24 -
05. Existing Plans 05/08/2024 Existing Buildings (1817kb) GL . 06 . 24 -
06. Proposed Plans 05/08/2024 Proposed (4600kb) GL . 01 . 24 -
Decision
12. Decision Notice 27/09/2024 Decision Notice (49kb) -
Planning Application Documents
delegated report_M2401045CLPU.pdf 27/09/2024 Delegated Report (33kb) -

Consultation Responses

Neighbour List


In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy. This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr D Harrison Kempsey Ward 05/08/2024 26/08/2024
Cllr J. Michael Kempsey Ward 05/08/2024 26/08/2024

Constraints List


Constraints List
Neighbourhood Plan: NPA Boundaries
Surface Water: 1 in 1000 extent
Enforcement Notice Issued Ref: HIST/EN/0032 Property: Land At (Os 8739 4893), Green Street, Kempsey
Paper: Malvern Gazette - Friday
Public Right of Way: Type- Footpath. Path No- KP-557 C
Public Right of Way: Type- Footpath. Path No- KP-606 C
Public Right of Way: Type- Footpath. Path No- KP-556 C
Public Right of Way: Type- Footpath. Path No- KP-607 C
CIL009 - Non-Urban Area
Outside SWDP Development Boundary
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Restore
Local Wildlife Site within 100m: Green Street Meadow
Local Wildlife Site within 100m: Woodhall Farms Pasture
No associated appeals