| Application Number | M/24/01072/GPDQ |
| Status | Application Refused |
| Application Valid |
|---|
| 01/08/2024 |
| Consultation End |
|---|
| 13/09/2024 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 26/09/2024 |
| Appeal Started |
|---|
| 11/11/2024 |
| Appeal Decision |
|---|
| Dismissed |
| Summary | |
| Application Number | M/24/01072/GPDQ |
| Location Address | Ashfields Farm Peachley Lane Lower Broadheath Worcester WR2 6QR |
| Proposal | Notification for Prior Approval for the proposed change of use of an Agricultural Building to 6 Dwellinghouses (Class C3), and for building operations reasonably necessary for the conversion. |
| Status | Refusal |
| Application Type | GPDQ - agricultural to C3 dwellinghouse |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 01/08/2024 |
| Application Valid Date | 01/08/2024 |
| Consultation Start Date | 06/08/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 13/09/2024 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 26/09/2024 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman |
| Parish | Lower Broadheath CP |
| Ward | Broadheath Ward |
| Applicant | Mr Mark Pugh |
| Agent | Mr Simon Rowles, Greenaway Planning Limited |
| Agent Address | PO Box 937 Peachley Lane Lower Broadheath Worcester WR4 4GS |
| Condition Details / Information Notes |
| To comply with the criterion the existing building must be able to demonstrate that it is already capable of conversion and its appearance and condition is such that it would not be of a solid construction that would easily allow its conversion to dwellinghouses without substantial building works. In particular due to the conclusion of the Structural Survey that new load bearing walls would be required to support the installation of new ceilings and floors this goes beyond the remit of internal works and demonstrates the amount of additional elements that would need to be added to the existing building that would go beyond reasonably necessary and would require extensive building works to create 6 new dwellings within the envelope of the existing building. This would be in addition to the extent of cut and fill required for the extensive glazing that would go beyond partial demolition and the extent of the new materials including glazing and full cladding to three elevations that would require building works that would go beyond reasonably necessary to convert the existing building. The updated guidance at Paragraph 105 Reference ID: 13-105-20180615 clearly states that "it is not the intention of the permitted development right to allow building work which would go beyond what is reasonably necessary for the conversion of the building to residential use and it is only where the existing building is already suitable for conversion to residential use that the building would be considered to have the permitted development right.” As such, in this case the existing building is not already suitable for conversion and would not have the permitted development right to comply with Paragraph 105 Reference ID: 13-105-20180615 of the Planning Practice Guidance and due to the construction of the building it would require an extensive overhaul that would go beyond more than partial demolition and substantial building works that would go beyond the remit of what would be reasonably necessary for the proposed conversion. Therefore, the proposal does not comply with Class Q Part Q1 (i) (i) & (ii) of the Town and Country Planning (General Permitted Development Order) 2015 (as amended). |
| The development proposed would not be permitted development under condition Q.2-1(f) of Class Q, Part 3, Schedule 2 of the Town and Country (General Permitted Development) Order 2015 (as amended). The proposed design and external appearance of the 6no. dwellings would not be of a high quality design by virtue of the introduction of a substantial amount of glazing that would result in an incongruous and domesticated building of disjointed appearance, which would be significantly harmful to the utilitarian character of the building and to the rural character of the area. The proposal is therefore contrary to the provisions of the National Planning Policy Framework particularly section 12 which guides that the planning system should achieve high quality design and improve the character and quality of an area. |
| The applicant should be aware that the application was determined on the following refused drawings - A100, A102, A103. |
Plans, drawings and material submitted to the council are protected by the copyright acts (section 47, 1988 act). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.
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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 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Daniel Walton | Broadheath Ward | 06/08/2024 | 27/08/2024 | |
| Highways | County Highways | 06/08/2024 | 27/08/2024 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 06/08/2024 | 27/08/2024 | |
| Mrs Marianne Pomeroy | Worcestershire County Council (Minerals) | 06/08/2024 | 27/08/2024 | |
| Worcester Regulatory Services Contaminated Land | Worcestershire Regulatory Services | 06/08/2024 | 27/08/2024 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 06/08/2024 | 27/08/2024 |
| Constraints List |
| Outside SWDP Development Boundary |
| SWDP 5: Protect and Enhance |
| Minerals - Sand And Gravel |
| SWDP 15: Designated Rural Areas |
| SWDP 32: Sand and Gravel |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Paper: Berrows Journal - Thursday |
| CIL009 - Non-Urban Area |
| Public Right of Way: Type- Footpath. Path No- BH-505 C |
| Appeals Information | |
| Number | M/24/01072/GPDQ |
| PINS Appeal Ref | APP/J1860/W/24/3353415 |
| Method | Written Representations Procedure |
| Start date | 11/11/2024 |
| LPA Final Comments Due | 30/12/2024 |
| Interested Party Comments Due | 16/12/2024 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 27/02/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3353415
Plans, drawings and material submitted to the council are protected by the copyright acts (section 47, 1988 act). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.
Tick here to show you have read and agree with the Copyright Notice.
Document Download Tips
How to reorder or group rows
Click on a column heading for the ability to sort the ‘group’ listing in ascending or descending order by using the up/down arrows. This is useful to sort by ‘name/organisation’.