Application Number M/24/01078/PIP
Status Application Refused

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Planning Online Status


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

    Refusal
  • Decision
    Date
    16/09/2024
  • Appeal
    Started
    26/11/2024
  • Appeal
    Decision
    Dismissed
Summary
Application Number M/24/01078/PIP
Location Address Land At (Os 8090 5627) Bell Lane Lower Broadheath
Proposal Permission in Principle for the construction of up to 3 single-storey dwellings
Status Refusal
Application Type Permission in Principle
Appeal Decision Dismissed

Important Dates
Application Received Date 02/08/2024
Application Valid Date 12/08/2024
Consultation Start Date 14/08/2024
Site Visited / Site Notice Date
Consultation End 12/09/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 16/09/2024

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Lower Broadheath CP
Ward Broadheath Ward
Applicant Mr A Candy, Ascan Ltd
Agent Mr Daniel Stiff, Boughton Butler Ltd
Agent Address 30 Sansome Walk Worcester WR1 1LX

Condition Details / Information Notes
The application site forms part of an important buffer between a rural settlement in the open countryside and the adjacent urban area. In contrast to the crescent of three recently built dwellings rounding off development to the west, the proposed development would represent an undesirable incursion into the significant gap between Broadheath and Worcester, resulting in harm to the open and undeveloped character of this land, and would significantly undermine the ability of the Local Planning Authority to resist further incremental encroachment between public right of way no. 560(B) and properties on Sling Lane. Furthermore, the proposal would relate poorly to, and adversely affect the pattern of development in this area of Broadheath, predominantly characterised by dwellings fronting the lanes, as opposed to back-land suburban cul-de-sacs. This process of attrition threatens to erode the integrity of the Significant Gap, and have an urbanising effect upon the established settlement pattern contrary to SWDP2(C) and (D), SWDP21 and SWDP25 of the adopted South Worcestershire Development Plan and paragraphs 135 and 180 of the National Planning Policy. Framework.
This decision notice relates to the following plan and drawing nos: Location Plan & Block Plan 2408 E002 Rev E.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing a pre-application advice service and making planning policies available to the public. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above.

Copyright Notice

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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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 08/08/2024 Application Form (335kb) -
01. Application Form 14/08/2024 Initial Consultee List 24.01078 (102kb) -
02. Supporting Information 08/08/2024 Planning Statement (2128kb) -
Application Plans
04. Site / Location Plan 08/08/2024 LOCATION PLAN (472kb) E001 Rev E - A
04. Site / Location Plan 08/08/2024 INDICATIVE SITE PLAN (451kb) P001 Rev E - A
04a. Block Plan 08/08/2024 BLOCK PLAN (437kb) E002 Rev E - A
Neighbour and Other Response
08. Response - Neighbour and Other 15/08/2024 christopher philip parkes Laylocks Cottage, laylocks lane Broadheath Common, Lower Broadheath (76kb) -
08. Response - Neighbour and Other 28/08/2024 Roger and Dreena Derwent 2 The Oaks, Bell Lane, Lower Broadheath, WORCESTER, WR2 6RR (77kb) -
08. Response - Neighbour and Other 30/08/2024 Severn Trent Water (24kb) -
08. Response - Neighbour and Other 10/09/2024 Mr N Griffiths & Mrs J Allen-Griffiths Holly Tree Cottage, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (79kb) -
08. Response - Neighbour and Other 10/09/2024 Warwick & Tracey Taylor Hedgerows, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (80kb) -
08. Response - Neighbour and Other 11/09/2024 mike harfield Innisfree, Bell Lane, Lower Broadheath, WORCESTER, WR2 6RR (78kb) -
08. Response - Neighbour and Other 11/09/2024 Ms C Wright & Mr A Johnstone The Lowlands, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (82kb) -
08. Response - Neighbour and Other 11/09/2024 Neil and Nicky Powell Oakwell Cottage, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (80kb) -
08. Response - Neighbour and Other 12/09/2024 Jon & Elizabeth Carrington Heathside, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (81kb) -
08. Response - Neighbour and Other 13/09/2024 Susanna Nichols Petit Bot, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (84kb) -
08a. Response - Neighbour and Other Attachment 10/09/2024 Mr N Griffiths & Mrs J Allen-Griffiths (350kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 27/08/2024 Drainage Engineer - Engineers - S.W. Land Drainage Partnership (76kb) -
09. Response - Statutory Consultee 03/09/2024 Mr M J Davis - Lower Broadheath Parish Council (77kb) -
09. Response - Statutory Consultee 09/09/2024 MHDC Tree and Landscape Officer - MHDC Tree and Landscape Officer (76kb) -
09a. Response - Statutory Consultee Attachment 09/09/2024 MHDC Tree and Landscape Officer (84kb) -
Decision
11. Decision Information 16/09/2024 Delegated Report (34kb) -
12. Decision Notice 16/09/2024 Decision Notice (42kb) -
12. Decision Notice 25/03/2025 APPEAL DECISION 3355622.pdf (113kb) -

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
Oakwell Cottage Sling Lane Lower Broadheath WORCESTER WR2 6RP 11/09/2024
Laylocks Cottage, laylocks lane Broadheath Common Lower Broadheath 15/08/2024
Hedgerows Sling Lane Lower Broadheath WORCESTER WR2 6RP 10/09/2024
Heathside Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024 12/09/2024
Innisfree Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024 11/09/2024
Holly Tree Cottage Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024 10/09/2024
The Lowlands Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024 11/09/2024
1 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
3 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
4 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
5 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
Applethwaite Broadheath Common Lower Broadheath WORCESTER WR2 6RP 14/08/2024
Broadlands Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
Camelot Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
Field House Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024
Homedale Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024
Phoenix Pitch Broadheath Common Lower Broadheath WORCESTER WR2 6RP 14/08/2024
Quarenders Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024
Shuna Broadheath Common Lower Broadheath WORCESTER WR2 6RP 14/08/2024
The Hollow Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
The Oaks Barn Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
Torrington Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024
Yorkside Broadheath Common Lower Broadheath WORCESTER WR2 6RP 14/08/2024
2 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/08/2024 28/08/2024
Petit Bot Sling Lane Lower Broadheath WORCESTER WR2 6RP 14/08/2024 13/09/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Manorial Heritage Ltd 14/08/2024 28/08/2024
Asset Protection Team Severn Trent Water Limited 14/08/2024 28/08/2024
Claudia Clemente-Benfield National Trust 14/08/2024 28/08/2024
Cllr Daniel Walton Broadheath Ward 14/08/2024 28/08/2024
Consultation Service Natural England 14/08/2024 28/08/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 14/08/2024 28/08/2024
Highways County Highways 14/08/2024 28/08/2024
MHDC Conservation Officer MHDC Development Plans & Conservation 14/08/2024 28/08/2024 16/09/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 14/08/2024 28/08/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 14/08/2024 28/08/2024
Mr M J Davis Lower Broadheath Parish Council 14/08/2024 28/08/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 14/08/2024 28/08/2024
Worcestershire Wildlife Trust Worcestershire Wildlife Trust 14/08/2024 28/08/2024

Constraints List


Constraints List
Outside SWDP Development Boundary
Heritage: Manorial Heritage
Enforcement Notice Issued Ref: 00/00055/BOC Property: Land Adjacent Hollytree Cottage Broadheath CommonLower BroadheathWorcesterWR2 6RP
SWDP 2: Significant Gap
SWDP 5: Protect and Enhance
Enforcement Notice Issued Ref: ENF/19/0092 (A)(B) Property: The Oaks Barn, Bell Lane, Lower Broadheath, Worcester, WR2 6RR
Enforcement Notice Issued Ref: E/16/00206/COU3 Property: The Oaks, Bell Lane, Lower Broadheath, Worcestershire, WR2 6RR
SWDP 15: Designated Rural Areas
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Enforcement Notice Issued Ref: ENF/19/0092 Property: The Oaks Barn, Bell Lane, Lower Broadheath, Worcester, WR2 6RR
Paper: Berrows Journal - Thursday
CIL009 - Non-Urban Area
TPO REF: TPO/M/291 (1998). ADDRESS: The Oaks Bell Lane Lower Broadheath Worcester WR2 6RR
Surface Water: 1 in 1000 extent
TPO REF: TPO/M/439 (2008). ADDRESS: Torrington Bell Lane Lower Broadheath Worcester WR2 6RR
Old Lowland Meadow area on or within 500m
Local Wildlife Site within 100m: Broadheath Orchard
National Trust Consult: Elgar
Appeals Information
Number M/24/01078/PIP
PINS Appeal Ref APP/J1860/W/24/3355622
Method Written Representations Procedure
Start date 26/11/2024
LPA Final Comments Due 14/01/2025
Interested Party Comments Due 31/12/2024
Inquiry Date
Venue
Decision Dismissed
Issue Date 24/03/2025

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3355622

Copyright Notice

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

  • In order to view the documents please ensure you have ticked the Copyright Notice box above.
  • In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
  • To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
  • To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
  • If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
  • Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.

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’.

 Document Type Date Description File Size Drawing/Rev Number
Appeal
30. Appeal - Application Form 26/11/2024 01 Appeal Form 1093726 (86kb) -
31. Appeal - Documents 26/11/2024 Start letter (AR13) - Ciaran Power - 26 Nov 2024.pdf (40kb) -
31. Appeal - Documents 27/11/2024 QUESTIONNAIRE - 1097963.pdf (112kb) -
31. Appeal - Documents 02/01/2025 3P PARKES C.pdf (33kb) -
32. Appeal - Appellants Case 20/01/2025 Appellant's Final Comments.pdf (402kb) -
32. Appeal - Appellants Case 26/11/2024 Appeal SoC and Grounds The Oaks.pdf (1035kb) -
32. Appeal - Appellants Case 26/11/2024 Appendix 1 -3164684.pdf (188kb) -
32. Appeal - Appellants Case 26/11/2024 Appendix 2 - 3262274.pdf (132kb) -
33. Appeal - Councils Case 30/12/2024 Mhdc Soc Bell Lane Broadheath (702kb) -
33. Appeal - Councils Case 30/12/2024 Appendix 1 Officer Delegated Report M2401078pip (34kb) -
Appeal - Decision 25/03/2025 Despatch Cover Letter - Ciaran Power - 24 Mar 2025.pdf (34kb) -
Appeal - Decision 25/03/2025 APPEAL DECISION 3355622.pdf (113kb) -