| Application Number | M/25/01338/CLPU |
| Status | Application Refused |
| Application Valid |
|---|
| 26/08/2025 |
| Consultation End |
|---|
| 22/09/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 21/10/2025 |
| Appeal Started |
|---|
| 11/11/2025 |
| Appeal Decision |
|---|
| Allowed |
| Summary | |
| Application Number | M/25/01338/CLPU |
| Location Address | Brookend Abberley Worcester WR6 6BU |
| Proposal | Application for a Lawful Development Certificate for proposed single storey extension to rear |
| Status | Refusal |
| Application Type | Certificate of Lawfulness of proposed use |
| Appeal Decision | Allowed |
| Important Dates | |
| Application Received Date | 26/08/2025 |
| Application Valid Date | 26/08/2025 |
| Consultation Start Date | 01/09/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 22/09/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 21/10/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Hazel Smith |
| Parish | Abberley CP |
| Ward | Baldwin Ward |
| Applicant | Nigel Harniman |
| Agent | Mr David Smith, Godwin Austen Johnson (GAJ) UK Limited |
| Agent Address | 19, York Street Stourport-on-Severn Worcestershire DY13 9EH |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/01338/CLPU registered on 26 August 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 26 August 2025 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s) :- The proposal would extend from the east elevation of the host dwelling, which is considered to form part of the principal elevation of the original dwellinghouse. As such, the proposal fails to comply with the Town & Country PLanning (General Permitted Development)Order 2015 (as amended), Schedule 2, Part 1, Class A, criterion (e). Therefore the proposal would not constitute permitted development and planning permission would be required. |
| FIRST SCHEDULE Application for a Lawful Development Certificate for proposed single storey extension to rear SECOND SCHEDULE Brookend, Abberley, Worcester, WR6 6BU |
| Drawing no/s: Location Plan 02 Proposed Plans and Elevations 03 Proposed Detail Part Plans |
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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| Document Type | Date | Description | File Size | Drawing/Rev Number | |
|---|---|---|---|---|---|
| Application Documents | |||||
| 01. Application Form | 26/08/2025 | Applicationformredacted | (249kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 26/08/2025 | Location plan | (491kb) | Site Location - | |
| 05. Existing Plans | 26/08/2025 | Existing Plans & Elevations | (194kb) | 01 - | |
| 06. Proposed Plans | 26/08/2025 | Proposed Plans & Elevations | (253kb) | 02 - | |
| 06. Proposed Plans | 26/08/2025 | Proposed Detail Part Plans | (225kb) | 03 - | |
| Statutory Consultee Response | |||||
| 09. Response - Statutory Consultee | 01/09/2025 | Cllr Pam Cumming - Baldwin Ward | (73kb) | - | |
| 09. Response - Statutory Consultee | 02/09/2025 | Cllr Paul Cumming - Baldwin Ward | (74kb) | - | |
| Decision | |||||
| 11. Decision Information | 21/10/2025 | Delegated Report | (188kb) | - | |
| 12. Decision Notice | 21/10/2025 | Decision Notice | (171kb) | - | |
| Appeal | |||||
| Appeal - Decision | 20/03/2026 | Appeal Decision 3375567.pdf | (323kb) | - | |
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 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Pam Cumming | Baldwin Ward | 01/09/2025 | 22/09/2025 | |
| Cllr Paul Cumming | Baldwin Ward | 01/09/2025 | 22/09/2025 |
| Constraints List |
| CIL009 - Non-Urban Area |
| Design Guide : Abberley |
| Area of Special Control of Advertisements |
| s106: Corner of Shavers End Lane & Reynolds Lane Abberley Ref No: S106-017 |
| Surface Water: 1 in 30 extent. |
| Surface Water: 1 in 100 extent. |
| Surface Water: 1 in 1000 extent |
| Interferometer Area. Clee Hill - Consultation required for any building structure or works exceeding 45.7m in height above ground level |
| 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 |
| Appeals Information | |
| Number | M/25/01338/CLPU |
| PINS Appeal Ref | APP/J1860/X/25/3375567 |
| Method | Written Procedure - CLPU/CLE |
| Start date | 11/11/2025 |
| LPA Final Comments Due | 13/01/2026 |
| Interested Party Comments Due | 23/12/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Allowed |
| Issue Date | 19/03/2026 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3375567
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’.