Application Number M/26/00370/OUT
Status Application Refused

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Planning Online Status


  • Application
    Valid
    23/03/2026
  • Consultation
    End
    20/05/2026
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    22/05/2026
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/26/00370/OUT
Location Address Arceye House Kyre Tenbury Wells WR15 8RW
Proposal Removal of Condition 3 (Agricultural occupancy condition) of Planning Permission Ref: 96/00678/TEN (Site for agricultural workers dwelling on land at the Glasshards).
Status Refusal
Application Type Outline Application
Appeal Decision N/A

Important Dates
Application Received Date 11/03/2026
Application Valid Date 23/03/2026
Consultation Start Date 24/03/2026
Site Visited / Site Notice Date
Consultation End 20/05/2026
Advert Expiry 25/04/2026
Committee Date (if applicable)
Committee Agenda
Decision Date 22/05/2026

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Kyre CP
Ward Tenbury Ward
Applicant Mrs Hazel Davies
Agent Mrs Julie Newton, JN Rural Planning
Agent Address Millers Court Farm Malvern WR13 6AP

Condition Details / Information Notes
Reasonable efforts should have been made to sell the dwelling at a price that reflects its market value with the agricultural tie in place to ascertain whether there is a continuing need within the locality. No such evidence has been submitted with the application. In the absence of robust evidence the condition still meets the tests for conditions set out within the Planning Practice Guidance. The removal of the condition, without the requisite justification, would run contrary to the principles established under paragraph 79 of the National Planning Policy Framework and undermine Policy SWDPR 24 of the South Worcestershire Development Plan Review insofar as it seeks to protect the countryside for its intrinsic character, natural beauty and resources for all to enjoy. The removal of agricultural occupancy conditions in this manner would proliferate a pattern of development that fails to minimise the need to travel or promote sustainable transport options, contrary to Policies SWDPR 1, SWDPR 2 and SWDPR 3 and SWDPR 06 of the South Worcestershire Development Plan Review. Moreover, as the stock of lower priced accommodation available to rural workers would be reduced, it follows that the proposal would also undermine the objective of supporting a prosperous rural economy, as set out in the provisions of the National Planning Policy Framework, in particular, paragraph 83.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- making planning policies publicly available to view and providing a preapplication advice service. 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

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 11/03/2026 Application form redacted (255kb) -
02. Supporting Information 11/03/2026 S.73 Planning Statement (1064kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 26/03/2026 Highways Response_M-26-00370-OUT.pdf (121kb) -
09. Response - Statutory Consultee 02/04/2026 Worcestershire County Council (Footpaths) - WCC - Footpaths (76kb) -
09a. Response - Statutory Consultee Attachment 02/04/2026 Worcestershire County Council (Footpaths) (814kb) -
Decision
11. Decision Information 22/05/2026 Delegated Report (188kb) -
12. Decision Notice 22/05/2026 Decision Notice (154kb) -

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
Hunters Barn Kyre TENBURY WELLS WR15 8RW 24/03/2026
Kyre Park Woodlands Kyre WR15 8RW 24/03/2026
Sumner Lodge Kyre WR15 8RW 24/03/2026

Consultee List


Name Organisation Sent Reply Due Reply Received
Active Travel England (ATE) Active Travel England (ATE) 24/03/2026 14/04/2026
Carole Hirst Kyre Parish Council 24/03/2026 14/04/2026
Cllr Duane Hubbard Tenbury Ward 24/03/2026 14/04/2026
Cllr Lesley Bruton Tenbury Ward 24/03/2026 14/04/2026
Drainage Engineer Engineers - S.W. Land Drainage Partnership 24/03/2026 14/04/2026
Highways County Highways 24/03/2026 14/04/2026
Jonathan Brierley The Open Spaces Society 24/03/2026 14/04/2026
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 24/03/2026 14/04/2026
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 24/03/2026 14/04/2026
Worcestershire County Council (Footpaths) WCC - Footpaths 24/03/2026 14/04/2026
Worcestershire Wildlife Trust Worcestershire Wildlife Trust 24/03/2026 14/04/2026

Constraints List


Constraints List
Paper: Tenbury Advertiser - Thursday
Area of Special Control of Advertisements
CIL009 - Non-Urban Area
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
Public Right of Way: Type- Footpath. Path No- KY-516 C
Public Right of Way: Type- Footpath. Path No- KY-512 C
Public Right of Way: Type- Footpath. Path No- KY-515 C
Local Wildlife Site within 100m: Kyre Brook & Tributaries
Flood Zone 2. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Water Supply Company
Flood Zone 3. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Water Supply Company
Policy Case HLA - MHDC/24/HOU. Arceye House, Kyre, Tenbury Wells, WR15 8RW, (same site as MHDC/96/HOU but different barn - south of Kyre Rd). Prior Approval of Proposed Change of Use of Agricultural Building to a Dwellinghouse . Open Market. Small windfall (HLA only)
Policy Case HLA - MHDC/96/HOU. Barn At (OS 6299 6426), Arceye House, Kyre, (same site as MHDC/24/HOU but different barn - south of Kyre rd). Notification for prior approval for the proposed change of use of an agricultural building to 2no dwellinghouses.. Open Market. Small windfall (HLA only)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
SWDP 22: Sites Of Regional Or Local Wildlife Importance
Surface Water: 1 in 30 extent.
No associated appeals