Application Number M/24/01509/CU
Status Application Refused

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Planning Online Status


  • Application
    Valid
    23/10/2024
  • Consultation
    End
    06/12/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    12/12/2024
  • Appeal
    Started
    03/04/2025
  • Appeal
    Decision
    Dismissed
Summary
Application Number M/24/01509/CU
Location Address Henwick House Jennett Tree Lane Callow End Worcester WR2 4UB
Proposal The change of use of an existing outbuilding to short stay holiday accommodation (REMOVAL OF CONDITIONS 4 and 5 of PLANNING PERMISSION M/19/01818/CU)
Status Refusal
Application Type Change of use
Appeal Decision Dismissed

Important Dates
Application Received Date 23/10/2024
Application Valid Date 23/10/2024
Consultation Start Date 05/11/2024
Site Visited / Site Notice Date
Consultation End 06/12/2024
Advert Expiry 06/12/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 12/12/2024

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Powick CP
Ward Powick & the Hanleys Ward
Applicant Mr Jon Turton
Agent Mr Phil Plant, Mid West Planning Ltd
Agent Address Offley House 18 Church Street Shifnal TF11 9AA

Condition Details / Information Notes
The previous conversion of the building to habitable accommodation under planning permission 19/01818/CU was only acceptable on the basis that it was used as a holiday let in accordance with Policy SWDP35 of the South Worcestershire Development Plan and its use was limited accordingly by condition. The removal of Conditions 4 and 5 of planning approval 19/01818/CU would be tantamount to allowing a new dwelling in the open countryside. In this case, the proposed development, due to its location outside of the settlement boundaries defined within the South Worcestershire Development Plan, conflicts with the development strategy which seeks to prevent new housing in the open countryside unless it meets one of the exceptions as set out in policy SWDP2. No justification has been put forward as to how the proposal meets any of these exceptions. In this case, notwithstanding the Council's position in respect of housing land supply, the open countryside location, remoteness from facilities and reliance on the private car for everyday trips means that the core aim of sustainability is undermined and the adverse impacts of approving development in this location would significantly and demonstrably outweighs the benefits. Accordingly, the development would be contrary to Policies SWDP1, SWDP2 and SWDP4 of the South Worcestershire Development Plan and paragraph 11d of the NPPF.
Notwithstanding the above reasons for refusal, it is considered that this development is capable of providing the necessary financial contribution towards off-site affordable housing. However, a secure mechanism is not in place to secure such an obligation, and therefore the development is contrary to Policy SWDP15 of the South Worcestershire Development Plan and would fail to meet the social objectives of sustainable development as set out in the National Planning Policy Framework.
This decision notice relates to the following plan and drawing nos: 101351/TURTON/009/PL01, PL02 & PL03.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- making policies available for the public to view on the website. 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 38 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.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 23/10/2024 Applicationformredacted (252kb) -
01. Application Form 05/11/2024 Initial Consultee List 24.01509 (285kb) -
02. Supporting Information 23/10/2024 101351 009 Oak Cottage Planning Design And Access Statement October 2024 (231kb) -
02. Supporting Information 23/10/2024 101351 009 Statement For The Variation Of Panning Conditions Oak Cottage October 2024 (142kb) -
02. Supporting Information 02/12/2024 Amended Design and Access Statement December 2024.pdf (231kb) -
Application Plans
04. Site / Location Plan 23/10/2024 Site Plan (310kb) 101351/TURTON/009/PL02 Rev 0 -
04. Site / Location Plan 23/10/2024 Location Plan (324kb) 101351/TURTON/009/PL01 Rev 0 -
05. Existing Plans 23/10/2024 As Approved Building (380kb) 101351/TURTON/009/PL03 Rev 0 -
Neighbour and Other Response
08. Response - Neighbour and Other 14/11/2024 Mr S C Blake More Cottage, Jennett Tree Lane, Callow End, WORCESTER, WR2 4UA (80kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 08/11/2024 Aidan Smyth - MHDC Archaeology & Planning Advisor (77kb) -
09. Response - Statutory Consultee 09/12/2024 Highway Comments (44kb) -
09. Response - Statutory Consultee 12/12/2024 Becky Bowser - Powick Parish Council (79kb) -
Decision
11. Decision Information 12/12/2024 Delegated Report (205kb) -
12. Decision Notice 12/12/2024 Decision Notice (155kb) -
Appeal
Appeal - Decision 23/07/2025 APPEAL DECISION 3361704.pdf (158kb) -

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
More Cottage Jennett Tree Lane Callow End WORCESTER WR2 4UA 14/11/2024
More Cottage Jennett Tree Lane Callow End WORCESTER WR2 4UA 05/11/2024
Annexe At Henwick House Jennett Tree Lane Callow End WORCESTER WR2 4UB 05/11/2024
Bed And Breakfast Accommodation At Henwick House Jennett Tree Lane Callow End WORCESTER WR2 4UB 05/11/2024
Oak Cottage Holiday Let At Henwick House Jennett Tree Lane Callow End WR2 4UA 05/11/2024
Studio Apartment At The Lodge Jennett Tree Lane Callow End MALVERN WR2 4UA 05/11/2024
The Lodge Jennett Tree Lane Callow End WORCESTER WR2 4UA 05/11/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Defence Estates Safeguarding 05/11/2024 26/11/2024
Aidan Smyth MHDC Archaeology & Planning Advisor 05/11/2024 26/11/2024
Becky Bowser Powick Parish Council 05/11/2024 26/11/2024
Cllr Kathy Wells Powick & the Hanleys Ward 05/11/2024 26/11/2024
Cllr Tom Wells Powick & the Hanleys Ward 05/11/2024 26/11/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 05/11/2024 26/11/2024
Highways County Highways 05/11/2024 26/11/2024
Jonathan Brierley The Open Spaces Society 05/11/2024 26/11/2024
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 05/11/2024 26/11/2024
Worcestershire County Council (Footpaths) WCC - Footpaths 05/11/2024 26/11/2024

Constraints List


Constraints List
CIL009 - Non-Urban Area
Surface Water: 1 in 1000 extent
Interferometer Area. INFER/7022 -
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- PW-742 C
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
Paper: Malvern Gazette - Friday
Appeals Information
Number M/24/01509/CU
PINS Appeal Ref APP/J1860/W/25/3361704
Method Written Representations Procedure
Start date 03/04/2025
LPA Final Comments Due 22/05/2025
Interested Party Comments Due 08/05/2025
Inquiry Date
Venue
Decision Dismissed
Issue Date 23/07/2025

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3361704

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 03/04/2025 01 Appeal Form 1133963 (89kb) -
31. Appeal - Documents 03/04/2025 Start letter (AR13) - Ciaran Power - 03 Apr 2025.pdf (41kb) -
31. Appeal - Documents 07/04/2025 QUESTIONNAIRE - 1145892.pdf (111kb) -
32. Appeal - Appellants Case 03/04/2025 101351 009 Oak Cottage Planning Design And Access Statement December 2024 (231kb) -
32. Appeal - Appellants Case 03/04/2025 101351 009 Statement For The Variation Of Planning Conditions Oak Cottage October 2024 (142kb) -
32. Appeal - Appellants Case 03/04/2025 101351 011 Turton Appeal Document List February 2025 (82kb) -
32. Appeal - Appellants Case 03/04/2025 101351 011 Turton Appeal February 2025 (823kb) -
32. Appeal - Appellants Case 03/04/2025 101351 Turton 009 Pl01 R0 Location Plan (324kb) -
32. Appeal - Appellants Case 03/04/2025 101351 Turton 009 Pl02 R0 Site Plan (310kb) -
32. Appeal - Appellants Case 03/04/2025 101351 Turton 009 Pl03 R0 As Approved Building (380kb) -
32. Appeal - Appellants Case 03/04/2025 Application Form (243kb) -
32. Appeal - Appellants Case 03/04/2025 Decision Notice 1901818cu (56kb) -
32. Appeal - Appellants Case 03/04/2025 Acknowledgement Letter M2401509cu (55kb) -
Appeal - Decision 23/07/2025 Despatch Cover Letter - Ciaran Power - 23 Jul 2025.pdf (34kb) -
Appeal - Decision 23/07/2025 APPEAL DECISION 3361704.pdf (158kb) -