Application Number M/24/01683/S106
Status Application Refused

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Planning Online Status


  • Application
    Valid
    29/11/2024
  • Consultation
    End
    31/12/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    03/02/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01683/S106
Location Address The Threshing Barn Welland Road Upton Upon Severn Worcester WR8 0SN
Proposal Application under section 106A(3)(b) of the Town and Country Planning Act 1990 to discharge the legal agreement dated 18 February 2009 associated with planning permission 08/01005/FUL and associated Listed Building Consent 08/01004/LBC
Status Refusal
Application Type Planning Obligation
Appeal Decision N/A

Important Dates
Application Received Date 29/11/2024
Application Valid Date 29/11/2024
Consultation Start Date 10/12/2024
Site Visited / Site Notice Date
Consultation End 31/12/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 03/02/2025

Further Information
Expected Decision Level Delegated
Case Officer Anna Priestley-Clarke
Parish Upton-upon-Severn CP
Ward Upton & Ripple Ward
Applicant Mr & Mrs Sefton
Agent Russell Pryce, CDB Planning and Architecture
Agent Address Unti 5 Westwood Industrial Estate Pontrilas Hereford HR2 0EL

Condition Details / Information Notes
The application has failed to demonstrate or provide sufficient evidence to justify the removal of the tie secured by the legal agreement. The original approval for a live-work unit was approved only by reason of it being an accepted exception to residential development in the countryside. The proposal would result in an independent open market dwelling contrary to Policy SWDP2 and in an unsustainable location where future residents would require the use of a private vehicle in order to access most day-to-day services, including retail, employment and education and would be poorly connected to key services by sustainable travel modes, contrary to Policy SWDP4 of the South Worcestershire Development Plan. Furthermore, the lack of any marketing exercise (according with Annex F of the South Worcestershire Development Plan) to justify the removal of the s106 limitations and the lack of any other suitable evidence, means that the proposal has not been adequately justified and would result in a use that would be contrary to Policies SWDP2 and SWDP12 of the South Worcestershire Development Plan. No benefits have been identified which would give weight favouring the proposal and the adverse impacts of the proposed development would significantly and demonstrably outweigh any reason put forward for approving this application. The proposal conflicts with the development plan as a whole and the material considerations, including the Framework, do not indicate that the application to discharge the legal agreement should be decided other than in accordance with it.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - considering whether further information/evidence could be provided at this stage to justify the proposals - seeking further advice from the Planning Policy Team before proceeding with the officers recommendation. 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.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 02/12/2024 Application Form (126kb) -
02. Supporting Information 02/12/2024 Planning Statement with Appendicies (redacted) (12159kb) -
Application Plans
04. Site / Location Plan 02/12/2024 Location plan (34kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 15/01/2025 Clara Clements - Upton-upon-Severn Town Council (78kb) -
Decision
11. Decision Information 03/02/2025 Delegated Report (162kb) -
12. Decision Notice 03/02/2025 Decision Notice (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.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Clara Clements Upton-upon-Severn Town Council 10/12/2024 31/12/2024
Housing Team - MHDC Housing - MHDC 10/12/2024 31/12/2024
MHDC Legal Services MHDC Legal Services 10/12/2024 31/12/2024

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
s106: Refno:
CIL009 - Non-Urban Area
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1227491. Listed Building. The Threshing Barn, Welland Road, Upton Upon Severn, Worcester, WR8 0SN (Formerly listed as Barn to north east of Upper Duckswich Farmhouse). LB/1227491
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1227489. Curtilage Listed. Upper Duckswich Farmhouse, Welland Road. CL/1227489
Outside SWDP Development Boundary
Minerals - Sand And Gravel
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Policy Case HLA - MIG/06/00227/HOU. The Old Dairy, Welland Road, Upton Upon Severn, Worcester, WR8 0SN. Proposed conversion of existing barn into residential dwellings.. Open Market. Small windfall (HLA only)
Policy Case HLA - MIG/08/01005/HOU. The Threshing Barn, Welland Road, Upton Upon Severn, Worcester, WR8 0SN. Conversion of grade II listed barn and atcost building to a live work unit. Open Market. Small windfall (HLA only)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Restore
SWDP 32: Sand and Gravel
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1227489. Listed Building. Upper Duckswich Farmhouse, Welland Road. LB/1227489
No associated appeals