| Application Number | M/25/01351/CLE |
| Status | Decision - Other |
| Application Valid |
|---|
| 01/09/2025 |
| Consultation End |
|---|
| 24/09/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Certified |
| Decision Date |
|---|
| 12/11/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/01351/CLE |
| Location Address | Sledgemoor House Sledgemoor Broadwas Worcester WR6 5NR |
| Proposal | Certificate of Lawfulness for the existing use of land as recreational domestic garden space incidental to the enjoyment of the main dwelling. |
| Status | Certified |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 28/08/2025 |
| Application Valid Date | 01/09/2025 |
| Consultation Start Date | 03/09/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 24/09/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 12/11/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jack Hanly |
| Parish | Wichenford CP |
| Ward | Martley Ward |
| Applicant | Mr James Tustin |
| Agent | Mr James Tustin |
| Agent Address | Sledgemoor House Ankerdine Lane Broadwas Worcestershire WR6 5NR |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that on 28/08/2025 the matter described in the First Schedule to this Certificate in respect of the land specified in the Second Schedule to this Certificate and outlined in red on the plan attached to this Certificate, was lawful within the meaning of section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason :- Based on the evidence available, on the balance of probabilities the application site has been used as recreational domestic garden space incidental to the enjoyment of the main dwelling for a period of at least 10 years up until the date of this application (28/08/2025). |
| FIRST SCHEDULE Use of the land as recreational domestic garden space incidental to the enjoyment of the main dwelling. SECOND SCHEDULE Location: Sledgemoor House Sledgemoor Broadwas Worcester WR6 5NR |
| This decision certifies that the land outlined in red on the plan attached to this Certificate has been used as recreational domestic garden space incidental to the enjoyment of the main dwelling for a period of at least 10 years prior to the submission of this application. This does not result in the extension of the existing domestic curtilage and therefore the land outlined in red on the plan attached to this Certificate would not benefit from the provisions of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) which provides Permitted Development Rights for works within the curtilage of a dwellinghouse. |
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 | 28/08/2025 | Applicationformredacted | (289kb) | - | |
| 02. Supporting Information | 28/08/2025 | Planning Statement | (31kb) | - | |
| 02. Supporting Information | 28/08/2025 | Jt Stat Dec | (412kb) | - | |
| 02. Supporting Information | 28/08/2025 | Jd Stat Dec | (414kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 01/09/2025 | Proposed New Curtilage Location Plan | (433kb) | JGT 002 - A | |
| Decision | |||||
| 11. Decision Information | 12/11/2025 | Delegated Report | (161kb) | - | |
| 12. Decision Notice | 12/11/2025 | Decision Notice | (594kb) | - | |
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 |
|---|---|---|---|---|
| Becky Bowser | Kenswick and Wichenford Parish Council | 03/09/2025 | 24/09/2025 | |
| Cllr B J Williams | Martley Ward | 03/09/2025 | 24/09/2025 |
| Constraints List |
| CIL009 - Non-Urban Area |
| TPO REF: TPO/M/420 (2008). ADDRESS: Sledgemoor Coppice Sledgemoor Broadwas |
| TPO REF: TPO/M/387 (2007). ADDRESS: Lingens Cottage Sledgemoor Broadwas Worcester WR6 5NR |
| Surface Water: 1 in 30 extent. |
| Surface Water: 1 in 100 extent. |
| Surface Water: 1 in 1000 extent |
| Enforcement Notice Issued Ref: HIST/EN/0118 Property: The Lingens Farm, Sledgemoor, Broadwas, Worcester, WR6 5NR |
| Outside SWDP Development Boundary |
| Ancient Woodland within 100m |
| Water Supply. If Major Application consultation required with Water Supply Company |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Enhance |
| Paper: Berrows Journal - Thursday |
| No associated appeals |