Application Number M/24/01062/AGR
Status Application Refused

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Planning Online Status


  • Application
    Valid
    20/08/2024
  • Consultation
    End
    12/09/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    14/10/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01062/AGR
Location Address Land at (OS 7500 6156) Hillside Martley Worcester
Proposal Prior notification for agricultural purposes for excavation works to create 3 ponds to provide drinking water sources for cattle and laying of concrete to increase area of hardstanding for the safe handling of livestock grazing.
Status Refusal
Application Type Agricultural/Forestry/PropRoad
Appeal Decision N/A

Important Dates
Application Received Date 31/07/2024
Application Valid Date 20/08/2024
Consultation Start Date 29/08/2024
Site Visited / Site Notice Date
Consultation End 12/09/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 14/10/2024

Further Information
Expected Decision Level Delegated
Case Officer Karen Wightman
Parish Martley CP
Ward Martley Ward
Applicant Miss Ruth Murray, EBL HB Limited
Agent Miss Ellen Fake, Environment Bank
Agent Address The Catalyst Baird Lane York YO10 5GA

Condition Details / Information Notes
The applicant has failed to provide evidence that a site notice has been displayed from the date on which the local planning authority gave notice to the applicant of their decision that prior approval was required. By virtue of the applicant's failure to comply with condition A2. (2) (iv) (aa) to display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant the development fails to be permitted development under the conditions of Class A of Part 6 to Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
Nothwitstanding refusal reason no 1, the applicant has failed to demonstrate that the proposed excavation for the provision of 3 ponds for drinking water for cattle is reasonably required or necessary for the purposes of agriculture on the actual unit as part of an agricultural trade or business and therefore the proposal would not be permitted development by virtue of Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) Order 2015 (as amended).
Notwithstanding refusal reason number 1, due to the siting of the excavation approximately 15 metres from a Site of Special Scientific Interest (SSSI) and close to Local Wildlife Sites (LWS) and within an area of large open farmland of arable land that would be suitable habitat for nesting birds such as skylark, the applicant has failed to submit sufficient information, including mitigation measures, to demonstrate that an unacceptable level of harm would not be caused to local wildlife and protected species, including a Species of Principal Importance in England under section 41 of the Natural Environment and Rural Communities Act 2006. Therefore, the concerns in terms of the siting of the excavation have not been adequately addressed by the applicant and it has not been demonstrated that the agricultural need for the ponds would outweigh the level of harm in terms of environmental impact on local biodiversity in conflict with Policy SWDP22 of the South Worcestershire Development Plan.
The decision is based on the following plans: MALV2301-PLA-F01 Version 01, MALV2301-PLA-F02 Version 03, MALV2301-PLA-F03 Version 01.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 31/07/2024 Applicationformredacted (260kb) -
02. Supporting Information 31/07/2024 Malv2301 Additional To Support Prior Application (614kb) -
02. Supporting Information 31/07/2024 Malv2301 Eb Pla V00.04 Pond And Concrete Specifications (1054kb) -
02. Supporting Information 14/10/2024 Further information on prior approval matters (449kb) -
02. Supporting Information 14/10/2024 PEA Letter (542kb) -
Application Plans
04. Site / Location Plan 20/08/2024 Location Plan.pdf (1272kb) MALV2301 - PLA - F01 -
04. Site / Location Plan 20/08/2024 Works Plan - Concrete Work on Hardstanding.pdf (1090kb) MALV2301 - PLA - F03 -
04. Site / Location Plan 20/08/2024 Works Plan - Pond Specifications.pdf (1101kb) MALV2301 - PLA - F02 -
Statutory Consultee Response
09. Response - Statutory Consultee 10/09/2024 Mrs Nikki Nicholson - Martley Parish Council (78kb) -
09. Response - Statutory Consultee 17/09/2024 MHDC Natural Heritage and Biodiversity Officer (102kb) -
Decision
11. Decision Information 17/09/2024 Decision Prior Approval is Required (35kb) -
11. Decision Information 14/10/2024 Delegated Report (197kb) -
12. Decision Notice 14/10/2024 Decision Notice (159kb) -

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 B J Williams Martley Ward 29/08/2024 12/09/2024
Mrs Nikki Nicholson Martley Parish Council 29/08/2024 12/09/2024

Constraints List


Constraints List
See also SWDP Local Geological Site. Regionally Important Geological and Geomorphological Site - Callow Track North SO 751 619 Martley CP
Local Wildlife Site within 100m: Penny Hill
SWDP 5: Protect and Enhance
Policy Case HLA - MIG/97/00974/HOU. Callow Farm, Hillside, Martley. Alterations to Farmhouse and sub-division of farmhouse to create an additional dwelling. Open Market. Small windfall (HLA only)
Landfill Consultation - If Application is a Major (PS2 1-6) consultation required via E.A Checklist
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 22: Site of Special Scientific Interest
SWDP 22: Local Geological Sites
Neighbourhood Plan: NPA Boundaries
SWDP 15: Designated Rural Areas
SWDP 32: Hard Rock
Contaminated Land
SWDP 22: Sites Of Regional Or Local Wildlife Importance
s106: Penny Hill Quarry, Martley Refno: S52-004
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Contamination Consult Area - Site Name: Penny Hill Quarry Landfill Type: Current permitted waste site
Contamination Consult Area - Site Name: NULL Type: Current permitted waste site
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- MT-817 C
Public Right of Way: Type- Footpath. Path No- MT-548 C
Public Right of Way: Type- Footpath. Path No- MT-822 C
Public Right of Way: Type- Footpath. Path No- MT-830 C
Public Right of Way: Type- Footpath. Path No- MT-534 C
Public Right of Way: Type- Footpath. Path No- MT-816 C
Public Right of Way: Type- Footpath. Path No- MT-549 C
Public Right of Way: Type- Footpath. Path No- MT-819 C
Public Right of Way: Type- Footpath. Path No- MT-821 C
Public Right of Way: Type- Footpath. Path No- MT-565 C
Paper: Berrows Journal - Thursday
Minerals - Hard Rock
CIL009 - Non-Urban Area
Area of Special Control of Advertisements
Local Wildlife Site within 100m: Cockshot, Rodge, Pudford, Walsgrove Hills
Public Right of Way: Type- Footpath. Path No- MT-567 D
Ancient Woodland within 100m
Site of Special Scientific Interest within 500m
No associated appeals