| Application Number | M/26/00993/CLPU |
| Status | Application Refused |
| Application Valid |
|---|
| 01/07/2026 |
| Consultation End |
|---|
| 23/07/2026 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 17/08/2026 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/26/00993/CLPU |
| Location Address | Upper Hook Farm Hook Common Hanley Castle Worcester WR8 0AX |
| Proposal | Certificate of Lawfulness for the proposed erection of a single freestanding agricultural polytunnel within an existing agricultural paddock. |
| Status | Refusal |
| Application Type | Certificate of Lawfulness of proposed use |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 29/06/2026 |
| Application Valid Date | 01/07/2026 |
| Consultation Start Date | 02/07/2026 |
| Site Visited / Site Notice Date | |
| Consultation End | 23/07/2026 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 17/08/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Benjamin Sparrey |
| Parish | Upton-upon-Severn CP |
| Ward | Upton & Ripple Ward |
| Applicant | Mr Robert Webb |
| Agent | Mr Robert Webb |
| Agent Address | Upper Hook Farm Hook Common Hanley Castle WR8 0AX |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/26/00993/CLPU registered on 29 June 2026 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 29 June 2026 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s): Insufficient evidence has been provided to demonstrate the permanency of the proposed polytunnel and therefore it cannot be demonstrated that the polytunnel does not constitute development as understood within Section 55 of the Town and Country Planning Act 1990. As such, this Lawful Development Certificate is refused. |
| FIRST SCHEDULE Certificate of Lawfulness for the proposed erection of a single freestanding agricultural polytunnel within an existing agricultural paddock. SECOND SCHEDULE Upper Hook Farm, Hook Common, Hanley Castle, Worcester, WR8 0AX |
| Drawing no/s: TQRQM26165173949064 Polytunnel TQRQM26165180302956 Polytunnel - Location Plan |
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 | 29/06/2026 | Applicationformredacted | (239kb) | - | |
| 02. Supporting Information | 30/06/2026 | Relationship Between Farmhouse And Paddock | (2392kb) | - | |
| 02. Supporting Information | 30/06/2026 | Historical Agricultural Use Of Paddock | (862kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 01/07/2026 | Location Plan | (458kb) | - | |
| 04a. Block Plan | 01/07/2026 | Block Plan | (409kb) | - | |
| Decision | |||||
| 11. Decision Information | 17/08/2026 | Delegated Report | (174kb) | - | |
| 12. Decision Notice | 17/08/2026 | Decision Notice | (168kb) | - | |
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 J. Owenson | Upton & Ripple Ward | 02/07/2026 | 23/07/2026 | |
| Cllr M. Allen | Upton & Ripple Ward | 02/07/2026 | 23/07/2026 |
| Constraints List |
| CIL009 - Non-Urban Area |
| Interferometer Area. INFER/7022 - |
| Pre-SWDPR - Outside SWDP Development Boundary |
| Water Supply. If Major Application consultation required with Water Supply Company |
| Pre-SWDPR - SWDP 15: Designated Rural Areas |
| Pre-SWDPR - SWDP 5: Protect and Enhance |
| SWDPR 19: Designated Rural Areas-Meeting Affordable Housing Needs |
| SWDPR South Worcestershire Boundary: Malvern Hills District Council |
| SWDPR 29: Malvern Hills SSSI Mitigation Strategy Zone of Influence |
| Paper: Malvern Gazette - Friday |
| No associated appeals |