Application Number 19/01752/GPDQ
Status Application Refused

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Application Number 19/01752/GPDQ
Location Address Wood Farm Burnthorne Lane Dunley Stourport On Severn DY13 0TP
Proposal Notification for Prior Approval for the proposed change of use of Agricultural Buildings to 3no dwellinghouses (Class 3) and for Associated Operational Development
Status Refusal
Application Type GPDQ - agricultural to C3 dwellinghouse
Appeal Decision N/A

Important Dates
Application Received Date 18/11/2019
Application Valid Date 19/11/2019
Consultation Start Date 20/11/2019
Site Visited / Site Notice Date
Consultation End 19/12/2019
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 14/01/2020

Further Information
Expected Decision Level Delegated
Case Officer Karen Wightman
Parish Astley and Dunley CP
Ward Baldwin Ward
Applicant Mr John Corbo
Agent Ben Greenaway, Greenaway Planning Ltd
Agent Address Greenway Planning Ltd PO Box 937 Worcester WR4 4GS

Condition Details / Information Notes
Due to the applicant only purchasing the land and buildings within 2019 and the lack of agricultural activity observed during the planning officer in their recent site visit, the applicant has failed to submit sufficient evidence to demonstrate that the last use of the buildings was solely for purposes of agriculture as part of an established agricultural unit and the proposal fails to be permitted development under the criteria of Town and Country Planning (General Permitted Development) Order, Schedule 2, Part 3, Class Q Part Q.1 a parts (i) (ii).
The area of land outlined in red on the submitted location plan and submitted proposed site plan to include parking area would equate to approximately 1048 square metres and as such the site area for the curtilage of the dwellings would equate to a substantial amount far exceeding the footprint of the existing buildings at approximately 381 square metres. Therefore, the area of land to be allocated for the use of the proposed dwellings would not comply with the definition under paragraph X of the Town and Country Planning (General Permitted Development Order) 2015 (as amended) and would not constitute permitted development.
The condition and appearance of the steel portal frame building raises serious doubt that the existing fabric of the building would be suitable for retention for practical and aesthetic purposes due to the mix of materials, including part brickwork walls, part blockwork walls, hit and miss timber boarding and corrugated metal sheeting. As such, the building is not capable of conversion without the works comprising of more than partial demolition and the virtual replacement of the building. Due to the poor quality of the lean-to section on the western part of the concrete block barn and the poor quality roof sheeting, these would not be suitable for retention and the loss of these elements would constitute more than partial demolition of the building and substantial building works would be required. Therefore the applicant has failed to submit sufficient and robust evidence to demonstrate that the extent of the building works required to convert the two buildings to 3 dwellinghouses would not go beyond works more than is reasonably necessary to demonstrate that the existing buildings are capable of conversion without substantial building works being required. The appearance and condition of the buildings are such that they would not be of a solid construction that would easily allow their conversion to dwellinghouses without substantial building works and the suitability of which goes beyond what is deemed to be reasonably necessary and would therefore constitute rebuilding of the original building. As such the existing buildings are not capable of conversion and do not have the permitted development rights under Paragraph 105 Reference ID: 13-105-20180222 and due to the loss of a substantial amount of the existing fabric of the buildings and the amount of building works required that go beyond partial demolition and beyond the remit of what would be reasonably necessary for the proposed conversion, the proposal does not comply with Class Q Part Q1 (i) (i) & (ii) of the Town and Country Planning (General Permitted Development Order) 2015 (as amended).
The proposed site plan drawing number 3836-02A demonstrates that operational development would be required for the vehicular access point leading to the parking area which would go beyond operational development permitted under the criteria of Class Q and as such would be more than reasonably necessary under Class Q Part Q.1 part (i), (i).
The development proposed would not be permitted development under condition Q.2-1(f) of Class Q, Part 3, Schedule 2 of the (General Permitted Development) (England) Order 2015 (as amended). The proposed design and external appearance of the dwellings would not be of a high quality design by virtue of the introduction of a substantial amount of doors and windows that would result in incongruous and domesticated building of disjointed appearance, which would be significantly harmful to the utilitarian character of the building and to the rural character of the area. In addition, the retention of the existing materials of the steel portal frame building to create two dwellings with an external appearance including a mishmash of hit and miss timber boarding and corrugated metal sheeting would be of an exceptionally poor quality design. The proposal is therefore contrary to the provisions of the NPPF, including paragraphs 124 and 130 which guide that the planning system should achieve high quality design and improve the character and quality of an area.
The applicant should be aware that the application was determined on the following refused drawings - Location Plan Scale 1:2500, 3836-02A.

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Statutory Consultee Response
Planning Application Documents

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
Councillor Mrs P. Cumming Baldwin Ward 20/11/2019 11/12/2019
Highways County Highways 20/11/2019 11/12/2019 02/12/2019
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 20/11/2019 11/12/2019
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 20/11/2019 11/12/2019
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 20/11/2019 11/12/2019 22/11/2019

Constraints List

Constraints List
SWDP 32: Minerals - Development Low Risk Area
Area of Special Control of Advertisements
Interferometer Area. Clee Hill - Consultation required for any building structure or works exceeding 45.7m in height above ground level
Outside SWDP Development Boundary
Paper: Berrows Journal - Friday
CIL009 - Non-Urban Area
Coal Standing Advice Area within 10m
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
Site of Special Scientific Interest within 500m
Ancient Woodland within 100m
No associated appeals