Application Number M/24/01095/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    07/08/2024
  • Consultation
    End
    18/01/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    27/08/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01095/FUL
Location Address Upper Broomhall Farm Taylors Lane Broomhall Worcester WR5 2PE
Proposal Erection of one detached self-build dwelling, improvements to façade materials of existing workshop building, associated landscaping, creation of biodiversity pond, access and parking
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 07/08/2024
Application Valid Date 07/08/2024
Consultation Start Date 13/08/2024
Site Visited / Site Notice Date
Consultation End 18/01/2025
Advert Expiry 18/01/2025
Committee Date (if applicable)
Committee Agenda
Decision Date 27/08/2025

Further Information
Expected Decision Level Delegated
Case Officer Jivan Manku
Parish Kempsey CP
Ward Kempsey Ward
Applicant Ms J Macintosh & Mr H Reyburn
Agent Mr Rob Ellis, Zesta Planning Ltd
Agent Address The Site Chosen View Road Cheltenham GL51 9LT

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans: - HA23008 PL001 Rev. B - HA23008 PL003 Rev. C - HA23008 PL004 - HA23008 PL005 Rev. A - HA23008 PL009 - HA23018 PL003 Rev. G Reason: To define the permission.
Demolition, clearance or construction work in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a Saturday. There shall be no demolition, clearance or construction work to and from the site on Sundays or Bank Holidays. Reason - To preserve the amenities of the locality in accord with Policy SWDP21 of the South Worcestershire Development Plan.
The Development hereby approved shall not commence until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. This shall include but not be limited to the following:- • Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway; • Details of site operative parking areas, material storage areas and the location of site operatives facilities (offices, toilets etc); • The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring. • Details of any temporary construction accesses and their reinstatement. The measures set out in the approved Plan shall be carried out and complied with in full during the construction of the development hereby approved. Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved by in writing by the local planning authority. Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety.
The Development hereby approved shall not be brought into use until the visibility splays shown on drawing 240737-RAP-XX-XX-DR-TP-3001 REVP02 (Visibility Assessment in Technical Note 01 [Dec-24]) have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway. Reason: In the interests of highway safety.
The Development hereby approved shall be brought into use until the access, turning area and parking facilities shown on Drawing HA23008 PL003 Rev C has been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.
No building hereby permitted shall be occupied until details of the design, implementation, maintenance and management of foul water drainage works have been submitted to and approved in writing by the local planning authority. The development shall be carried out, and the drainage maintained/managed, in accordance with the approved details. Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment in accordance with policy SWDP30 of the South Worcestershire Development Plan.
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation. No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, unless otherwise agreed by the Local Planning Authority, until requirements 1 to 4 below have been complied with: 1. Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with the Environment Agency's 'Land Contamination: Risk Management' guidance and a written report of the findings produced. The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the Local Planning Authority prior to any further development taking place. 2. Where identified as necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 3. The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas of suspected contamination, other than that work required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. 4. Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings on site. Reason: To ensure that the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property, and ecosystems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1) The programme and methodology of site investigation and recording. 2) The programme for post investigation assessment. 3) Provision to be made for analysis of the site investigation and recording. 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation. 5) Provision to be made for archive deposition of the analysis and records of the site investigation. 6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. (B) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 200 and 211 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
The development hereby permitted shall not be occupied/first used until full details of all surface water drainage systems to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter. Reason: To ensure development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.
Before the first occupation of the development hereby permitted a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:- (i) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas. (ii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants. (iii) a written specification outlining cultivation and other operations associated with plant and grass establishment. (iv) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting. (v) details of the raised strip All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason - To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Appraisal report carried out by ATW Ecology dated August 2023 and submitted with this application. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan.
• The safety of the public using the rights of way is to be ensured at all times. • Keep public rights of way clear of obstructions. • No disturbance of, or change to, the surface of the paths or part thereof should be carried out without the written consent of the PROW team (this includes laying concrete, tarmac or similar). • No diminution in the width of the rights of way available for use by the public. • No additional barriers are placed across the rights of way. No stile, gate, fence, or other structure should be created on, or across, a public right of way without written consent of the Highway Authority
Positive and Proactive Statement. No problems have arisen in dealing with this application. The planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations. No amendments or alterations were therefore required and no further positive or proactive action was deemed necessary.

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Statutory Consultee Response
Decision
Planning Application Documents

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
The Mill House Taylors Lane Broomhall WORCESTER WR5 2PE 13/08/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr D Harrison Kempsey Ward 13/08/2024 03/09/2024
Cllr J. Michael Kempsey Ward 13/08/2024 03/09/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 13/08/2024 03/09/2024
Highways County Highways 13/08/2024 03/09/2024
Housing Team - MHDC Housing - MHDC 13/08/2024 03/09/2024
Jonathan Brierley The Open Spaces Society 13/08/2024 03/09/2024
MHDC Conservation Officer MHDC Development Plans & Conservation 13/08/2024 03/09/2024 15/01/2025
MHDC Legal Services MHDC Legal Services 13/08/2024 03/09/2024
Mrs S Dunn Kempsey Parish Council 13/08/2024 03/09/2024
Policy Plans - General Policy Plans - General 13/08/2024 03/09/2024
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 13/08/2024 03/09/2024
Sammie Lynch Policy Plans - Self Build 13/08/2024 03/09/2024
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 13/08/2024 03/09/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 13/08/2024 03/09/2024
Worcestershire County Council (Footpaths) WCC - Footpaths 13/08/2024 03/09/2024
Cllr D Harrison Kempsey Ward 18/12/2024 08/01/2025
Cllr J. Michael Kempsey Ward 18/12/2024 08/01/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 18/12/2024 08/01/2025
Highways County Highways 18/12/2024 08/01/2025
Housing Team - MHDC Housing - MHDC 18/12/2024 08/01/2025
Jonathan Brierley The Open Spaces Society 18/12/2024 08/01/2025
MHDC Conservation Officer MHDC Development Plans & Conservation 18/12/2024 08/01/2025
MHDC Legal Services MHDC Legal Services 18/12/2024 08/01/2025
Mrs S Dunn Kempsey Parish Council 18/12/2024 08/01/2025
Policy Plans - General Policy Plans - General 18/12/2024 08/01/2025
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 18/12/2024 08/01/2025
Sammie Lynch Policy Plans - Self Build 18/12/2024 08/01/2025
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 18/12/2024 08/01/2025
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 18/12/2024 08/01/2025
Worcestershire County Council (Footpaths) WCC - Footpaths 18/12/2024 08/01/2025

Constraints List


Constraints List
SWDP 17: Travellers and Travelling Showpeople
s106: Refno:
SWDP45/1 - Strategic Site
Neighbourhood Plan: NPA Boundaries
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Contamination Consult Area - Site Name: NULL Type: Historic landfill site
Public Right of Way: Type- Footpath. Path No- KP-521 C
Paper: Malvern Gazette - Friday
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Landfill Consultation - If Application is a Major (PS2 1-6) consultation required via E.A Checklist
Housing Accord Agreement Applies. SWDP45/1. Broomhall Community and Norton Barracks (Worcester South urban extension).
Policy Case ELA - MHDC/218/EMP. Hop Pockets, Taylors Lane, Broomhall, Worcester, WR5 2PE. Change of use of a garden building (Use Class C3) to a small-scale hairdresser salon (Use Class E) . Complete.
Policy Case HLA - MIG/06/00884/HOU. Upper Broomhall, Norton Road, Broomhall, Worcester, WR5 2NY. Conversion of redundant farm buildings to 2 no. dwellings. Open Market. Small windfall (HLA only)
Policy Case HLA - MIG/13/01539/HOU. Upper Broomhall Farm, Norton Road, Broomhall WR5 2PE. Conversion of two brick barns adjacent the listed building to form two separate dwellings.. Open Market. Small windfall (HLA only)
Policy Case HLA - MHDC/2/WWH. Broomhall Community and Norton Barracks Community (Worcester South Urban Extension), . SWDP45/1 - no longer using this towards remaining allocation - see notes dated 05/12/2024 on notes tab.. Allocation - tenure type unknown. Allocated large
SWDP 15: Designated Rural Areas
SWDP 2: Development Boundary
SWDP 5: Protect and Restore
SWDP45/1: Mixed Use Allocations
Surface Water: 1 in 30 extent.
Public Right of Way: Type- Footpath. Path No- KP-500 C
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1098801. Listed Building. Upper Broomhall Farm, Taylors Lane, Broomhall, Worcester. LB/1098801
No associated appeals