| Application Number | M/25/00121/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid18/03/2025 -
Consultation
End11/05/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date27/08/2025 -
Appeal
Started14/11/2025 -
Appeal
DecisionDismissed
| Summary | |
| Application Number | M/25/00121/FUL |
| Location Address | The Turbles Druggers End Castlemorton Malvern WR13 6JD |
| Proposal | Creation of a Live/Work Unit NB. This live/work unit (Use Class Sui Generis, not liable for CIL) includes a holiday let (these are liable for CIL). |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 24/01/2025 |
| Application Valid Date | 18/03/2025 |
| Consultation Start Date | 07/04/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 11/05/2025 |
| Advert Expiry | 11/05/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 27/08/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Anna Priestley-Clarke |
| Parish | Castlemorton CP |
| Ward | Castlemorton, Welland & Wells Ward |
| Applicant | Mr & Mrs Duncan and Shirley Penn, TH Sedgebeer & Partners |
| Agent | Mr David Fellows, DIRECTOR; LAND RESEARCH & PLANNING ASSOCIATES LTD |
| Agent Address | PO BOX 265 MALVERN WR14 9BZ |
| Condition Details / Information Notes |
| The application site is located in an area defined as open countryside wherein new residential development is only acceptable in exceptional circumstances. The proposal fails to meet the definition and limitations of a live/work unit and is more akin to a proposal for a rural worker’s dwelling under Policy SWDP19 for which no evidence has been provided in support. There has been a failure to evidence compliance with Part G of Policy SWDP8 of the South Worcestershire Development Plan 2016, in particular criteria (i), (iii) and (vii). The proposal is therefore tantamount to a new dwelling within the open countryside which does not meet with any of the accepted exceptions under Policy SWDP2 or complies with Policy SWDP19 of the South Worcestershire Development Plan 2016 or the NPPF. |
| Locationally, the site is in a highly unsustainable area with little to no opportunities for sustainable means of travel. The applicants currently reside within walking distance of the site such that the reduced home-work journeys for two employees would not have any significant bearing on the benefits of the scheme. The creation of a dwelling remote from the necessary day-to-day services and facilities required where residents would be wholly reliant on private motor vehicles, would be contrary to Policy SWDP4 of the South Worcestershire Development Plan 2016. |
| The proposed development seeks to enclose the space between the existing converted stable building (the holiday units) and the stores with a modern extension with the roof height and pitch of the stable element but incorporating large modern glazed openings. The two buildings are very different in character and materials, and the joining of these two separate entities would be incongruous and would create one extremely long, disjointed building detrimental to the architectural character and qualities of the converted stables. As such the proposal would be contrary to Policy SWDP21 and paragraphs 131 and 135 of the Framework and the guidance contained in the South Worcestershire Design Guide. |
| 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; - considering the imposition of conditions and or the completion of a s.106 legal agreement 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. |
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 |
|---|---|---|
| 9 Springfield Park, Shrewsbury Rd, Market Drayton, Shrops, Tf9 3et | 05/05/2025 | |
| Rose Lodge 9 Flag Lane Heath Charnock Chorley PR6 9ED | 21/04/2025 | |
| 1 The Meadows Uttoxeter Staffs ST14 7DF | 17/04/2025 | |
| 15 Poppy Close, Coalville, Leicestershire Le674ax | 20/04/2025 | |
| Neighbour | 21/04/2025 | |
| 4 Bordeaux Close Dudley West Midlands | 02/05/2025 | |
| 2 Pool Road Chasetown Burntwood Lichfield Staffs WS73QW | 17/04/2025 | |
| 486 Cleckheaton Road Low Moor Bradford | 17/04/2025 | |
| 2 massie close Willen Park Milton keynes MK15 9HG | 19/04/2025 | |
| Kelmscot Swan Close Lechlade Gloucestershire GL7 3BY | 21/04/2025 | |
| Ty'r Iet Caemorgan Road Cardigan Ceredigion Wales | 21/04/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Christine Wild | Castlemorton, Welland & Wells Ward | 07/04/2025 | 28/04/2025 | |
| Cllr John Gallagher | Castlemorton, Welland & Wells Ward | 07/04/2025 | 28/04/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 07/04/2025 | 28/04/2025 | |
| Highways | County Highways | 07/04/2025 | 28/04/2025 | |
| Jonathan Brierley | The Open Spaces Society | 07/04/2025 | 28/04/2025 | |
| Mrs Christina Leake | Castlemorton Parish Council | 07/04/2025 | 28/04/2025 | |
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 07/04/2025 | 28/04/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 07/04/2025 | 28/04/2025 | |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 07/04/2025 | 28/04/2025 |
Constraints List
| Constraints List |
| Permitted Development Rights Removal may apply : 19/00045/FUL |
| CIL009 - Non-Urban Area |
| Surface Water: 1 in 30 extent. |
| Paper: Malvern Gazette - Friday |
| Surface Water: 1 in 1000 extent |
| Interferometer Area. INFER/7022 - |
| Outside SWDP Development Boundary |
| Public Right of Way: Type- Footpath. Path No- CM-542 C |
| Surface Water: 1 in 100 extent. |
| 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 |
| Public Right of Way: Type- Footpath. Path No- CM-543 C |
| Appeals Information | |
| Number | M/25/00121/FUL |
| PINS Appeal Ref | 6001649 |
| Method | Written Representations Procedure |
| Start date | 14/11/2025 |
| LPA Final Comments Due | 07/01/2026 |
| Interested Party Comments Due | 19/12/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 01/05/2026 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6001649
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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