| Application Number | M/24/01738/GPDQ |
| Status | Application Refused |
| Application Valid |
|---|
| 12/12/2024 |
| Consultation End |
|---|
| 28/01/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 03/02/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/24/01738/GPDQ |
| Location Address | Former Cow Shed At Paynes Heath Farm Martley Road Lower Broadheath |
| Proposal | Notification for Prior Approval for the proposed change of use of an Agricultural Building to 1no. dwellinghouse (Class C3), and associated operational development |
| Status | Refusal |
| Application Type | GPDQ - agricultural to C3 dwellinghouse |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 12/12/2024 |
| Application Valid Date | 12/12/2024 |
| Consultation Start Date | 12/12/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 28/01/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 03/02/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jack Hanly |
| Parish | Lower Broadheath CP |
| Ward | Broadheath Ward |
| Applicant | Ms J. Fitz Hugh |
| Agent | Ms J. Fitz Hugh |
| Agent Address | The Old Cow The Old Cow Shed Paynes Heath Farm Martley Road Lower Broadheath Worcestershire WR2 6RG |
| Condition Details / Information Notes |
| Due to the size of the proposed dwelling’s curtilage in comparison to the land area occupied by the building, it fails to comply with the definition of ‘curtilage’ as set out within Paragraph X (Interpretation of Part 3) of Schedule 2, Part 3 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). As such, it is considered that the proposed change of use does not constitute permitted development as per Paragraphs Q.(a) and Q.(b) of Schedule 2, Part 3, Class Q of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). |
| The proposed building operations would result in the removal of a significant proportion of the application building’s existing fabric, which would go beyond ‘partial demolition’ and the addition of a substantial amount of new material. Furthermore, it is noted that a significant number of apertures would be required in order to facilitate the proposed windows and doors. As such, it is considered that in order to function as a dwelling, the application building would require an extensive overhaul and that the proposed building operations would go beyond those reasonably necessary to convert the building. In light of this, it is considered that the building is not already suitable for conversion to residential use and the proposal therefore fails to comply with paragraph Q.1(i) (i) and (ii) of Schedule 2, Part 3, Class Q of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and Paragraph 105 (Reference ID: 13-105-20180615) of the Planning Practice Guidance. |
| The proposal would have a detrimental impact on highway and pedestrian safety due to the absence of a suitable access which would allow for two-way vehicle movements, and which would remove the need for drivers to reverse their vehicles towards the B4204 Martley Road or towards the existing farmyard, contrary to Policy SWDP 2 of the South Worcestershire Development Plan (2016) and Chapter 9 of the National Planning Policy Framework. |
| Insufficient information has been provided to demonstrate that the proposal would not have a detrimental impact on protected species due to the operational works proposed by the application. The proposal is therefore contrary to Policy SWDP 22 of the South Worcestershire Development Plan (2016) and Chapter 15 of the National Planning Policy Framework. |
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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 |
|---|---|---|
| Paynes Heath Farm Martley Road Lower Broadheath WORCESTER WR2 6RG | 24/01/2025 | |
| Paynes Heath Farm Martley Road Lower Broadheath WORCESTER WR2 6RG | 25/01/2025 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Daniel Walton | Broadheath Ward | 12/12/2024 | 02/01/2025 | |
| Highways | County Highways | 12/12/2024 | 02/01/2025 | 17/12/2024 |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 12/12/2024 | 02/01/2025 | |
| Worcestershire Regulatory Services (Enquiries) | Worcestershire Regulatory Services | 12/12/2024 | 02/01/2025 |
| Constraints List |
| CIL009 - Non-Urban Area |
| Paper: Berrows Journal - Thursday |
| Outside SWDP Development Boundary |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Policy Case HLA - MHDC/369/HOU. Former Cow Shed At (Os 8282 5631), Paynes Heath Farm, Martley Road, Lower Broadheath, WR26RG. Permission in principle for the erection of up to 3 no. dwellings . Open Market. Small windfall (HLA only) |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Restore |
| SWDP 2: Significant Gap |
| Surface Water: 1 in 1000 extent |
| No associated appeals |