Application Number M/25/00244/CLPU
Status Application Refused

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Planning Online Status


  • Application
    Valid
    13/02/2025
  • Consultation
    End
    12/03/2025
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    21/03/2025
  • Appeal
    Started
    06/05/2025
  • Appeal
    Decision
    Dismissed
Summary
Application Number M/25/00244/CLPU
Location Address Wildberry Nook Willow Road Martley Worcester WR6 6PS
Proposal Certificate of lawfulness for the proposed erection of an outbuilding incidental to the main dwelling for residential storage/workshop and car parking
Status Refusal
Application Type Certificate of Lawfulness of proposed use
Appeal Decision Dismissed

Important Dates
Application Received Date 13/02/2025
Application Valid Date 13/02/2025
Consultation Start Date 19/02/2025
Site Visited / Site Notice Date
Consultation End 12/03/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 21/03/2025

Further Information
Expected Decision Level Delegated
Case Officer Hazel Smith
Parish Martley CP
Ward Martley Ward
Applicant Mr and Mrs P Stansbie
Agent Mrs Kirstie Edwards MRTPI, Hooper Enterprise Associates Limited
Agent Address 11 St Mary's Place Shrewsbury SY1 1DZ

Condition Details / Information Notes
Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/00244/CLPU registered on 13 February 2025 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 as the matter described in the First Schedule to this Notice would not be lawful as at the 13 February 2025 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 of the outbuilding is considered to fall outside of the domestic curtilage and cannot comply with the requirements 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, as such, the recommendation is one of refusal. 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 the proposed erection of an outbuilding incidental to the main dwelling for residential storage/workshop and car parking SECOND SCHEDULE Wildberry Nook, Willow Road, Martley, Worcester, WR6 6PS
This certificate relates to the following plans: 01 rev C Location Plan Existing and Proposed Block Plans 02 rev C Existing and Proposed Site Plans 03 rev A Location Plan Existing and Proposed Block Plans (showing proposed outbuilding)

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.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 13/02/2025 Applicationformredacted (247kb) -
02. Supporting Information 13/02/2025 Stansbie Ldc Statement Final (557kb) -
Application Plans
04. Site / Location Plan 13/02/2025 Location And Block Plans (358kb) 01 - C
04. Site / Location Plan 13/02/2025 Site Plans (425kb) 02 - C
06. Proposed Plans 13/02/2025 Plan And Elevations (182kb) 03 - A
Decision
11. Decision Information 21/03/2025 Delegated Report (155kb) -
12. Decision Notice 21/03/2025 Decision Notice (69kb) -
Appeal
Appeal - Decision 30/04/2026 3363872 Appeal Decision.pdf (209kb) -

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 19/02/2025 12/03/2025

Constraints List


Constraints List
SWDP 5: Protect and Enhance
Neighbourhood Plan: NPA Boundaries
CIL009 - Non-Urban Area
Paper: Berrows Journal - Thursday
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
Surface Water: 1 in 1000 extent
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Appeals Information
Number M/25/00244/CLPU
PINS Appeal Ref APP/J1860/X/25/3363872
Method Written Procedure - CLPU/CLE
Start date 06/05/2025
LPA Final Comments Due 08/07/2025
Interested Party Comments Due 17/06/2025
Inquiry Date
Venue
Decision Dismissed
Issue Date 30/04/2026

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3363872

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’.

 Document Type Date Description File Size Drawing/Rev Number
Appeal
30. Appeal - Application Form 06/05/2025 01 Appeal Form 1147343 (83kb) -
31. Appeal - Documents 06/05/2025 Start Letter - Ciaran Power - 06 May 2025.pdf (50kb) -
31. Appeal - Documents 15/05/2025 QUESTIONNAIRE - 1160162.pdf (112kb) -
32. Appeal - Appellants Case 06/05/2025 Stansbie Appeal Statement Final (937kb) -
Appeal - Decision 30/04/2026 PINS Despatch Cover Letter - Ciaran Power - 30 Apr 2026.pdf (41kb) -
Appeal - Decision 30/04/2026 3363872 Appeal Decision.pdf (209kb) -