| Application Number | M/24/01074/GPDQ |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid01/08/2024 -
Consultation
End13/09/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date26/09/2024 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/24/01074/GPDQ |
| Location Address | Land At (OS 8147 5873) Shoulton Lane Hallow |
| Proposal | Notification for Prior Approval for the proposed change of use of an Agricultural Building to 1no dwellinghouse (Class C3) and for building operations necessary for the conversion |
| Status | Refusal |
| Application Type | GPDQ - agricultural to C3 dwellinghouse |
| Appeal Decision | N/A |
| 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 | Hallow CP |
| Ward | Hallow & Holt Ward |
| Applicant | Mr Mark Pugh |
| Agent | Mr Simon Rowles, Greenaway Planning Limited |
| Agent Address | PO Box 937 Worcester WR4 4GS |
| Condition Details / Information Notes |
| Due to the overgrown condition of the land between the building and Shoulton Lane and the extent of vegetation it cannot be clearly identified that the building would have suitable access to a public highway. As such, at present the applicant has not submitted substantive evidence to demonstrate that the building does have suitable existing access to a public highway and due to the recommendation of a condition by County Highway Authority for the first 5 metres of the access to be surfaced in a bound material this would require the upgrading of the access involving operational works that would go beyond the remit allowed under the criteria of Class Q and the proposal fails to comply with Q.1 (p). In addition, due to the failure of the applicant to demonstrate that there is a suitable access this would result in adverse transport and highway impacts and would mean that the siting of the building is impractical for its conversion to a dwellinghouse, The proposal, therefore, is not acceptable in respect of matters (a) and (e) of paragraph Q.2 (1). Overall therefore the proposal cannot be considered to comply with Class Q, Schedule 2, part 3 of the Town and Country Planning (General Permitted Development Order) 2015 (as amended) and prior approval must be refused. |
| In addition to refusal reason no 1 above, although the submitted location plan and proposed block plan indicates the area of the curtilage for the building would accord with paragraph Q.3 (1), the plans also include the land as part of the proposal for the vehicular entrance and to allow works to the highway to provide a suitable means of vehicular access to the dwelling would result in more land included in the curtilage than would be larger than the land occupied by the building and the proposal would not comply with paragraph Q3 (1) (a) and (b), Class Q, Schedule 2, part 3 of the Town and Country Planning (General Permitted Development Order) 2015 (as amended). |
| 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 works required as confirmed in the submitted Structural Survey for the construction of new load bearing walls 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 a new dwelling within the envelope of 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 rudimentary and lightweight 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 applicant should be aware that the application was determined on the following refused drawings - A101, A104. |
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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.
| Address | Sent | Reply Received |
|---|---|---|
| Brook Lodge Shoulton Hallow WORCESTER WR2 6PX | 11/09/2024 | |
| Brook Lodge Shoulton Hallow WORCESTER WR2 6PX | 11/09/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Dean Clarke | Hallow & Holt Ward | 06/08/2024 | 27/08/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 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 |
Constraints List
| Constraints List |
| Neighbourhood Plan: NPA Boundaries |
| Paper: Berrows Journal - Thursday |
| CIL009 - Non-Urban Area |
| Outside SWDP Development Boundary |
| Minerals - Sand And Gravel |
| 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 Enhance |
| SWDP 32: Sand and Gravel |
| No associated appeals |
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