Application Number M/24/01703/CLPU
Status Application Refused

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Planning Online Status


  • Application
    Valid
    04/12/2024
  • Consultation
    End
    26/12/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    30/12/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01703/CLPU
Location Address Land At (Os 7638 5834) Willow Road Martley
Proposal Certificate of lawfulness for a proposed new outbuilding to be used as a garage and workshop (use class C3)
Status Refusal
Application Type Certificate of Lawfulness of proposed use
Appeal Decision N/A

Important Dates
Application Received Date 04/12/2024
Application Valid Date 04/12/2024
Consultation Start Date 05/12/2024
Site Visited / Site Notice Date
Consultation End 26/12/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 30/12/2024

Further Information
Expected Decision Level Delegated
Case Officer Hazel Smith
Parish Martley CP
Ward Martley Ward
Applicant Mr & Mrs P Stansbie
Agent Mr Simon Kirton, Zero Energy Architecture
Agent Address Studio 5 The Fold Bransford WR6 5JB

Condition Details / Information Notes
Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/24/01703/CLPU registered on 04/12/2024 for a Certificate of Lawfulness Proposed Use or Development is REFUSED in relation to the matter described in the First Schedule to this Notice in respect of the land specified in the Second Schedule to this Notice and on the plan attached to this Notice, as the matter described in the First Schedule to this Notice would not be lawful as at the 04/12/2024 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s) :- Based on the information submitted it is concluded that the proposed detached outbuilding would not constitute 'Permitted Development' under Schedule 2, Part 1, Class E of the Town and Country (General Permitted Development) (England) Order 2015 (as amended). On the balance of probabilities, the intended location and use of the outbuilding along with its scale is considered to fall outside of the parameters of Class E, Part 1, Schedule 2 of the GPDO. The applicant has failed to provide sufficient evidence to demonstrate that siting of the outbuilding is within the curtilage of the dwellinghouse and whether the proposed use of garaging and workshop is reasonably required for incidental purposes to the dwellinghouse. As such, the matter described in the First Schedule constitutes development within the meaning of Section 55 of the Town and Country Planning Act 1990 (as amended) thus requiring planning permission.
FIRST SCHEDULE Certificate of lawfulness for a proposed new outbuilding to be used as a garage and workshop (use class C3) SECOND SCHEDULE Land At (Os 7638 5834), Willow Road, Martley (as shown in drawing number 01A)
Drawing no/s: 01 Location Plan Existing and Proposed Block Plans 02 Existing and Proposed Site Plans 03 Location Plan Existing and Proposed Block Plans

Copyright Notice

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 05/12/2024 Application form (257kb) -
Application Plans
04. Site / Location Plan 05/12/2024 Location And Block Plans (402kb) -
04. Site / Location Plan 05/12/2024 Location And Block Plans (366kb) 1679 01 -
04a. Block Plan 05/12/2024 Site Plans (465kb) -
04a. Block Plan 05/12/2024 Site Plans (449kb) 1679 02 -
06. Proposed Plans 05/12/2024 Plan And Elevations (215kb) -
06. Proposed Plans 05/12/2024 Plan And Elevations (199kb) 1679 03 -
Decision
11. Decision Information 30/12/2024 Delegated Report (384kb) -
12. Decision Notice 30/12/2024 Decision Notice (70kb) -

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
Cllr B J Williams Martley Ward 05/12/2024 26/12/2024

Constraints List


Constraints List
CIL009 - Non-Urban Area
Enforcement Notice Issued Ref: M/ENF/23/0042 Property: Land on the North-West side of Willow Road, Martley, Worcester
Outside SWDP Development Boundary
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
Neighbourhood Plan: NPA Boundaries
Paper: Berrows Journal - Thursday
No associated appeals