| Application Number | M/24/01275/HP |
| Status | Application Refused |
Track This App
Sign up to notifications on this planning application
Back to search results
New search
Planning Online Status
-
Application
Valid12/09/2024 -
Consultation
End10/12/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date05/06/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/24/01275/HP |
| Location Address | Upper Broomhall Farm Taylors Lane Broomhall Worcester WR5 2PE |
| Proposal | Creation of bio-diversity pond. |
| Status | Refusal |
| Application Type | Householder Planning |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 12/09/2024 |
| Application Valid Date | 12/09/2024 |
| Consultation Start Date | 15/10/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 10/12/2024 |
| Advert Expiry | 22/11/2024 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 05/06/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Wendy Trimble |
| Parish | Kempsey CP |
| Ward | Kempsey Ward |
| Applicant | Mark and Lucy Davies |
| Agent | Tim Carter, Habitat Plus Architects |
| Agent Address | c/o MgGills Chartered Accountants Cirencester Gloucestershire GL7 1US |
| Condition Details / Information Notes |
| The creation of a pond in the proposed location is considered to be inappropriate to the site context and would negatively impact the way in which the listed building, and its historical context as a moated farmstead, is read and understood. This would cause less than substantial harm to the setting and significance setting of the listed building. Furthermore, further excavations to complete the development would likely truncate the original moat and negatively impact the heritage asset in a manner that archaeological investigation could not mitigate. In accordance with Paragraph 215 of the NPPF, there would be some public benefit of the pond in providing biodiversity enhancements however, this benefit would be minimal given the scale of the development and is not considered to outweigh the harm caused to the heritage assets. The proposal would not preserve the character of the host building and its significance as a designated heritage asset as well as the archaeological significance of the site. As such it would not accord with the conservation aims of policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan 2016 (SWDP). The proposal is also not considered to meet the requirements of the National Planning Policy Framework including chapters 12 and 16 as well as Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. |
| Drawing no/s: Site Location Plan PL001 Site Context Plan PL003 Existing Site Plan PL002 Proposed Site Plan PL004 Indicative Plan PL005 |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - seeking further information following receipt of the application; - considering the imposition of conditions. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. This is in accordance with paragraph 39 of the NPPF. 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.
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’.
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 |
|---|---|---|
| Hop Pockets Taylors Lane Broomhall WORCESTER WR5 2PE | 15/10/2024 | |
| The Mill House Taylors Lane Broomhall WORCESTER WR5 2PE | 15/10/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Aidan Smyth | MHDC Archaeology & Planning Advisor | 15/10/2024 | 05/11/2024 | 08/04/2025 |
| Cllr D Harrison | Kempsey Ward | 15/10/2024 | 05/11/2024 | 15/10/2024 |
| Cllr J. Michael | Kempsey Ward | 15/10/2024 | 05/11/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 15/10/2024 | 05/11/2024 | |
| Highways | County Highways | 15/10/2024 | 05/11/2024 | 22/10/2024 |
| MHDC Conservation Officer | MHDC Development Plans & Conservation | 15/10/2024 | 05/11/2024 | |
| Mrs S Dunn | Kempsey Parish Council | 15/10/2024 | 05/11/2024 | 07/11/2024 |
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 15/10/2024 | 05/11/2024 | |
| Worcester Regulatory Services Contaminated Land | Worcestershire Regulatory Services | 15/10/2024 | 05/11/2024 | 22/10/2024 |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 15/10/2024 | 05/11/2024 | 17/10/2024 |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 26/11/2024 | 10/12/2024 | 27/11/2024 |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 28/02/2025 | 21/03/2025 | 06/03/2025 |
Constraints List
| Constraints List |
| Neighbourhood Plan: NPA Boundaries |
| Paper: Malvern Gazette - Friday |
| SWDP45/1 - Strategic Site |
| s106: Land to the south of the City of Worcester, Bath Road, Broomhall Refno: S106-552 |
| Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1098801. Listed Building. Upper Broomhall Farm, Taylors Lane, Broomhall, Worcester. LB/1098801 |
| Surface Water: 1 in 30 extent. |
| Surface Water: 1 in 100 extent. |
| Surface Water: 1 in 1000 extent |
| Contamination Consult Area - Site Name: NULL Type: Historic landfill site |
| 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 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 for up to 2,600 dwellings (85 of these dwellings are for Wychavon WWA & remaining 2,515 dwellings are for Malvern WWA , of which 66 dwellings are on outline 17/00119 MHDC/4/WWH and additional 13 (now total of 79) dwellings on 21/02274/FUL, see MHDC/4/WWH), 2204 dwellings are on outline 13/00656/OUT WDC, record WDC/3/WWH. This record MHDC/2/WWH is for 232 that remain on allocation.. 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 |
| SWDP 17: Travellers and Travelling Showpeople |
| Public Right of Way: Type- Footpath. Path No- KP-521 C |
| Public Right of Way: Type- Footpath. Path No- KP-500 C |
| No associated appeals |
Follow us on...
-
Malvern Hills District Council, Council House, Avenue Road, Malvern, WR14 3AF - Directions to Council Offices
- GOV.UK - For more Government Services and Information