| Application Number | M/25/00024/FUL |
| Status | Application Refused |
| Application Valid |
|---|
| 13/01/2025 |
| Consultation End |
|---|
| 11/11/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 19/12/2025 |
| Appeal Started |
|---|
| 13/05/2026 |
| Appeal Decision |
|---|
| Dismissed |
| Summary | |
| Application Number | M/25/00024/FUL |
| Location Address | Properties 1 and 2 St Gabriels Terrace Hanley Swan |
| Proposal | Erection of one detached dwelling |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 06/01/2025 |
| Application Valid Date | 13/01/2025 |
| Consultation Start Date | 17/01/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 11/11/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 19/12/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jack Hanly |
| Parish | Hanley Castle CP |
| Ward | Powick & the Hanleys Ward |
| Applicant | Mr P M Brooks, Premier Building Ventures |
| Agent | Mr P M Brooks, Premier Building Ventures |
| Agent Address | 4 Aymestrey Court Crown East Worcester WR2 5TR |
| Condition Details / Information Notes |
| The proposed development would result in an external amenity area being provided for use by number 1 St. Gabriels Terrace, which would be overlooked from within the street scene and which would be of an inadequate size, to the detriment of the residential amenity of the dwelling’s occupiers and contrary to Policy SWDP 21 of the South Worcestershire Development Plan (2016), Policy MnGr 4 of the Hanley Castle Parish Neighbourhood Development Plan 2016-2030 (2025), the South Worcestershire Design Guide Supplementary Planning Document (2018) and Chapter 12 of the National Planning Policy Framework. |
| As shown on the submitted location plan, the amenity space proposed to serve number 2 St. Gabriel’s Terrace would taper significantly in width towards its southern boundary. As such, the resulting amenity space, due to its unusual size and shape which would be caused by the proposed development, combined with its location adjacent to an existing parking area, would provide occupiers of number 2 St. Gabriels Terrace with an unattractive private external area which would not be functional or suitable for residential use, to the detriment of their residential amenity and contrary to Policy SWDP 21 of the South Worcestershire Development Plan (2016), Policy MnGr 4 of the Hanley Castle Parish Neighbourhood Development Plan 2016-2030 (2025), the South Worcestershire Design Guide Supplementary Planning Document (2018) and Chapter 12 of the National Planning Policy Framework. |
| The proposed dwelling would extend across the entire width of the application site, except for two narrow strips of land located to the east and west and would possess an over dominant and complicated roofscape as a result of the amount of roof proposed and the varying heights of the different roof elements. Furthermore, the proposed dwelling would lack any discernible architectural features such as a chimney and due to its proposed siting and size, would be visible from within the street scene along the public highway and from within the parking area located to the rear of numbers 1 to 4 St. Gabriels Terrace. In light of the above, it is considered that due to its proposed size and design, the proposed dwelling would not be of a high design quality, would fail to integrate effectively with its surroundings and would fail to respond to the characteristics of the application site, which comprises a constrained, back land plot, to the detriment of the character, appearance and visual amenity of the application site and the surrounding area. As such, the proposed development is contrary to Policy SWDP 21 of the South Worcestershire Development Plan (2016), Policies MnGr 4, RE 1 and Des 1 of the Hanley Castle Parish Neighbourhood Development Plan 2016-2030 (2025), the South Worcestershire Design Guide SPD (2018) and Chapter 12 of the National Planning Policy Framework. |
| No mechanism (a section 106 agreement or Unilateral Undertaking) has been entered in to in order to secure an affordable housing planning contribution. As such the application is contrary to Policy SWDP 15 of the South Worcestershire Development Plan (2016), the Developer Contributions SPD (2018), the Affordable Housing SPD (2016) and the National Planning Policy Framework. |
| Positive and Proactive Statement. In dealing with the application the Council has implemented the requirement in paragraph 39 of the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in the Development Plan and Supplementary Planning Documents and provided the applicant with the opportunity to engage with the Council's pre application advice service. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out within the decision 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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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 |
|---|---|---|
| Saffron House Jasmine Close Hanley Swan WORCESTER WR8 0AW | 31/01/2025 | |
| Jubilee Cottage Hanley Swan WORCESTER WR8 0DX | 09/02/2025 | |
| Saffron House Jasmine Close Hanley Swan WORCESTER WR8 0AW | 14/01/2025 | 17/01/2025 |
| Lilyvale House Jasmine Close Hanley Swan WORCESTER WR8 0AW | 14/01/2025 | 31/01/2025 |
| Hillview Cottage 2 Hillview Drive Hanley Swan WORCESTER WR8 0EL | 14/01/2025 | 26/01/2025 |
| Walmer Lodge Hanley Swan WORCESTER WR8 0DX | 14/01/2025 | 03/02/2025 |
| 1 St Gabriels Terrace Hanley Swan WORCESTER WR8 0DY | 14/01/2025 | |
| Properties 1 And 2 St Gabriels Terrace Hanley Swan | 14/01/2025 | |
| St Gabriels Terrace Hanley Swan | 14/01/2025 | |
| Old Orchard End Welland Road Hanley Swan WORCESTER WR8 0DA | 14/01/2025 | 31/01/2025 |
| Jubilee Cottage Hanley Swan WORCESTER WR8 0DX | 17/01/2025 | 06/02/2025 |
| 1 Hillview Drive Hanley Swan WORCESTER WR8 0EL | 17/01/2025 | |
| 2 St Gabriels Terrace Hanley Swan WORCESTER WR8 0DY | 17/01/2025 | |
| 3 St Gabriels Terrace Hanley Swan WORCESTER WR8 0DY | 17/01/2025 | |
| 4 St Gabriels Terrace Hanley Swan WORCESTER WR8 0DY | 17/01/2025 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Kathy Wells | Powick & the Hanleys Ward | 14/01/2025 | 04/02/2025 | |
| Cllr Tom Wells | Powick & the Hanleys Ward | 14/01/2025 | 04/02/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 14/01/2025 | 04/02/2025 | 04/02/2025 |
| Highways | County Highways | 14/01/2025 | 04/02/2025 | 15/01/2025 |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 14/01/2025 | 04/02/2025 | 10/03/2025 |
| Mrs R Abunassar | Hanley Castle Parish Council | 14/01/2025 | 04/02/2025 | 21/02/2025 |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 17/01/2025 | 07/02/2025 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 01/07/2025 | 15/07/2025 | 29/07/2025 |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 28/10/2025 | 11/11/2025 | 17/11/2025 |
| Constraints List |
| CIL009 - Non-Urban Area |
| Surface Water: 1 in 100 extent. |
| Surface Water: 1 in 1000 extent |
| Interferometer Area. INFER/7017 - |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Policy Case HLA - MIG/11/00104/HOU. Land rear of 1 St Gabriels Terrace, Hanley Swan. Proposed bungalow to rear. Open Market. Small windfall (HLA only) |
| Policy Case HLA - MHDC/104/HOU. 1 St Gabriels Terrace, Hanley Swan, Worcester, WR8 0DY. Proposed bungalow to rear of 1 St Gabriels Terrace . Open Market. Small windfall (HLA only) |
| Policy Case HLA - MHDC/325/HOU. 1 St Gabriels Terrace, Hanley Swan, Worcester, WR8 0DY. Proposed bungalow to rear of 1 St Gabriels Terrace (Resubmission of 19/00014/FUL). Open Market. Small windfall (HLA only) |
| SWDP 15: Designated Rural Areas |
| SWDP 2: Development Boundary |
| SWDP 5: Protect and Enhance |
| SWDP 5: Protect and Restore |
| Neighbourhood Plan: Development Boundaries |
| Neighbourhood Plan: NPA Boundaries |
| Paper: Malvern Gazette - Friday |
| Appeals Information | |
| Number | M/25/00024/FUL |
| PINS Appeal Ref | 6009435 |
| Method | Written Representations Procedure |
| Start date | 13/05/2026 |
| LPA Final Comments Due | 02/07/2026 |
| Interested Party Comments Due | 18/06/2026 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 31/07/2026 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6009435
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
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’.