| Application Number | M/24/01568/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid25/11/2024 -
Consultation
End04/01/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date29/05/2025 -
Appeal
Started09/09/2025 -
Appeal
DecisionAllowed
| Summary | |
| Application Number | M/24/01568/FUL |
| Location Address | Land At (Os 8157 4265) Winnington Gardens Hanley Swan |
| Proposal | Erection of four dwellings, new access arrangements and associated works. |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Allowed |
| Important Dates | |
| Application Received Date | 06/11/2024 |
| Application Valid Date | 25/11/2024 |
| Consultation Start Date | 25/11/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 04/01/2025 |
| Advert Expiry | 30/12/2024 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 29/05/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Hayley Jones |
| Parish | Hanley Castle CP |
| Ward | Powick & the Hanleys Ward |
| Applicant | Mr Karl Lockley, Lockley Homes |
| Agent | Mr Simon Rees, AddisonRees Planning Consultancy |
| Agent Address | Unit 12A Top Barn Business Centre Holt Worcester WR6 6NH |
| Condition Details / Information Notes |
| The application site lies outside of any defined settlement boundary. New development in the open countryside is strictly controlled and limited to specific uses set out in Policy SWPD2 C, none of which apply in this case. The proposal therefore conflicts with Policy SWDP2 of the South Worcestershire Development Plan. Whilst the tilted balance at Para 11d(ii) of the NPPF is engaged, the Hanley Castle Parish Neighbourhood Plan Review 2016-2030 accrues full weight in the decision making process following the publication of the Examiner's Report on 28th May 2025. As both criteria a and b of Para 14 of the NPPF are met, and the proposal is in conflict with Policies MNGR 7 and RE 2 of the aforementioned Neighbourhood Plan, the adverse impact of allowing development that conflicts with the aforementioned Neighbourhood Plan would significantly and demonstrably outweigh the benefits. |
| Notwithstanding reason 1, at 5 dwellings per hectare, effective use of land would not be made, and the housing mix and type of housing would not be appropriate for the identified needs of the area contrary to SWDP 13 and MnGr 1 of the Hanley Castle Parish Neighbourhood Plan Review 2016-2030. |
| There is insufficient information for the LPA to understand the ecological impacts of the development and whether the biodiversity gain condition is capable of being discharged contrary to SWDP 22 of the South Worcestershire Development Plan and NPPF paragraph 195. |
| 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. 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. |
| 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. 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. |
| Plans & Drawings: 01 Rev C, 10 Rev E, 11 Rev D, 12 Rev D, 13 Rev D, 21 Rev A, 22 Rev A, 23 Rev A, 24 Rev A, 25 Rev A, 26 Rev a, 27 Rev B. |
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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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 |
|---|---|---|
| 3 The Walnuts Hanley Swan WORCESTER WR8 0DU | 22/12/2024 | |
| 40 The Moorlands MALVERN WR14 4PS | 13/12/2024 | |
| 14 Glanford Hanley Swan WORCESTER WR8 0DF | 03/01/2025 | |
| 19 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 05/12/2024 | |
| Happy Hours Picken End Hanley Swan WORCESTER WR8 0DQ | 30/12/2024 | |
| Thistle Cottage Hanley Swan WORCESTER WR8 0EQ | 09/12/2024 | |
| Mayfield Picken End Hanley Swan WORCESTER WR8 0DQ | 15/12/2024 | |
| Mayfield Picken End Hanley Swan WORCESTER WR8 0DQ | 05/01/2025 | |
| Cherry Tree Cottage Picken End Hanley Swan WORCESTER WR8 0DQ | 02/01/2025 | |
| Happy Hours Picken End Hanley Swan WORCESTER WR8 0DQ | 25/11/2024 | 30/12/2024 |
| Mayfield Picken End Hanley Swan WORCESTER WR8 0DQ | 25/11/2024 | 15/12/2024 |
| 1 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD | 25/11/2024 | |
| 2 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD | 25/11/2024 | |
| 3 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD | 25/11/2024 | |
| 31 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 25/11/2024 | |
| 32 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 25/11/2024 | |
| 5 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD | 25/11/2024 | |
| Chasewood Picken End Hanley Swan WORCESTER WR8 0DQ | 25/11/2024 | |
| Elmfield 33 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 25/11/2024 | |
| Griffwood House 34 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 25/11/2024 | |
| May Cottage Picken End Hanley Swan WORCESTER WR8 0DQ | 25/11/2024 | |
| Savanna Picken End Hanley Swan WORCESTER WR8 0DQ | 25/11/2024 | |
| The Beeches Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 25/11/2024 | |
| The Jasmines 33B Winnington Gardens Hanley Swan WORCESTER WR8 0DJ | 25/11/2024 | |
| The Paddocks Picken End Hanley Swan WORCESTER WR8 0DQ | 25/11/2024 | |
| 4 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD | 25/11/2024 | 16/12/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Defence Estates Safeguarding | 25/11/2024 | 16/12/2024 | ||
| Cllr Kathy Wells | Powick & the Hanleys Ward | 25/11/2024 | 16/12/2024 | |
| Cllr Tom Wells | Powick & the Hanleys Ward | 25/11/2024 | 16/12/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 25/11/2024 | 16/12/2024 | |
| Highways | County Highways | 25/11/2024 | 16/12/2024 | |
| Housing Team - MHDC | Housing - MHDC | 25/11/2024 | 16/12/2024 | |
| Jonathan Brierley | The Open Spaces Society | 25/11/2024 | 16/12/2024 | |
| MHDC Community Services Manager | MHDC Community Services Manager | 25/11/2024 | 16/12/2024 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 25/11/2024 | 16/12/2024 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 25/11/2024 | 16/12/2024 | |
| Mrs R Abunassar | Hanley Castle Parish Council | 25/11/2024 | 16/12/2024 | |
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 25/11/2024 | 16/12/2024 | |
| Worcester Regulatory Services Contaminated Land | Worcestershire Regulatory Services | 25/11/2024 | 16/12/2024 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 25/11/2024 | 16/12/2024 | |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 25/11/2024 | 16/12/2024 |
Constraints List
| Constraints List |
| Neighbourhood Plan: NPA Boundaries |
| s106: Refno: |
| Paper: Malvern Gazette - Friday |
| Interferometer Area. INFER/7022 - |
| Interferometer Area. INFER/7017 - |
| Enforcement Notice Issued Ref: 09/00049/PHY4 Property: Yew Tree Farm Hanley SwanWorcesterWR8 0DN |
| Outside SWDP Development Boundary |
| CIL009 - Non-Urban Area |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Asset of Community Value Info exists. Refer to Assets of Community Value Register on our website |
| Policy Case HLA - MIG/15/00388/HOU. Land adjoining Winnington Gardens, Hanley Swan. Reserved matters application for 5 no. new dwellings following outline approval ( 15/00388/OUT) to include details of appearance, layout and scale.. Open Market. Small windfall (HLA only) |
| SWDP 15: Designated Rural Areas |
| SWDP 2: Development Boundary |
| SWDP 5: Protect and Restore |
| Neighbourhood Plan: Development Boundaries |
| Public Right of Way: Type- Footpath. Path No- HK-553 B |
| Surface Water: 1 in 1000 extent |
| Appeals Information | |
| Number | M/24/01568/FUL |
| PINS Appeal Ref | 6000576 |
| Method | Written Representations Procedure |
| Start date | 09/09/2025 |
| LPA Final Comments Due | 28/10/2025 |
| Interested Party Comments Due | 14/10/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Allowed |
| Issue Date | 22/12/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6000576
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’.
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