Application Number 20/00621/FUL
Status Application Refused

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Planning Online Status


  • Application
    Valid
    12/05/2020
  • Consultation
    End
    13/06/2020
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    13/08/2020
  • Appeal
    Started
    12/11/2020
  • Appeal
    Decision
    Dismissed
Summary
Application Number 20/00621/FUL
Location Address The Oaks Bell Lane Lower Broadheath
Proposal 3no. residential bungalows and associated works.
Status Refusal
Application Type Full planning permission
Appeal Decision Dismissed

Important Dates
Application Received Date 12/05/2020
Application Valid Date 12/05/2020
Consultation Start Date 14/05/2020
Site Visited / Site Notice Date
Consultation End 13/06/2020
Advert Expiry 13/06/2020
Committee Date (if applicable)
Committee Agenda
Decision Date 13/08/2020

Further Information
Expected Decision Level Delegated
Case Officer Karen Wightman
Parish Lower Broadheath CP
Ward Broadheath Ward - Pre 01/05/23
Applicant Mr Anthony Candy
Agent Mr Simon Rees, AddisonRees Planning Consultancy Ltd
Agent Address 41 Sentinel Close WORCESTER WR2 5FA

Condition Details / Information Notes
South Worcestershire Development Plan policy SWDP2 sets out that the development strategy for the adopted plan is to provide for and to facilitate the delivery of sufficient housing to meet objectively assessed needs to 2030. The council can demonstrate a deliverable 5-year supply of housing land to meet this identified need. The application lies outside the settlement boundary of Lower Broadheath as defined by policy SWDP2 in an area of open countryside where new development is strictly controlled and limited to specific uses, none of which apply in this case. The proposal, therefore, conflicts with policy SWDP2 of the adopted South Worcestershire Development Plan and the provisions of the National Planning Policy Framework, particularly paragraph 79.
The proposal would introduce an urban form of development into a countryside location and would represent a protrusion into open countryside which would relate poorly to the existing settlement pattern and would fail to integrate with the character of the landscape. In addition, the development would link the village to the converted barn which projects further into the countryside and would have an adverse impact on the function of a Significant Gap which contributes towards coalescence of settlements. The development is therefore contrary to policies SWDP2(D), SWDP21 and SWDP25 of the adopted South Worcestershire Development Plan and the provisions of the National Planning Policy Framework.
A section 106 legal agreement / legal undertaking has not been completed to secure the provision of the necessary financial contribution towards affordable housing provision on the site. As such the proposal is contrary to policy SWDP15 and the Affordable Housing Supplementary Planning Document of the adopted South Worcestershire Development Plan as well as paragraph 34 of the National Planning Policy Framework.
Refused Drawing numbers as Listed:- Zeb1215- PL001 rev B, PL003 rev D, PL004 rev C, PL100 rev E, PL104 rev C, PL105 rev C, PL101 rev F.
In dealing with the application the Council has implemented the requirement in paragraph 38 of the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in the Development Plan, Supplementary Planning Documents, as well as offering a full pre-application advice service in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. The Council has however been unable to seek solutions to problems arising from this application as the principal of the proposal is considered contrary to our statutory policies and negotiation would not overcome the reasons for refusal. Despite the Council’s efforts, it is considered that planning permission should be refused for the reasons set out in the decision notice.

Copyright Notice

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 12/05/2020 Applicationformredacted (176kb) -
02. Supporting Information 12/05/2020 Tree Survey (7926kb) -
02. Supporting Information 12/05/2020 Ecology Survey (4898kb) -
02. Supporting Information 12/05/2020 Planning Statement & WMS (351kb) -
02. Supporting Information 12/05/2020 Appeal Decision (164kb) -
02. Supporting Information 12/05/2020 Energy Statement (1409kb) -
02. Supporting Information 05/08/2020 ecological info Worcestershire Wildlife Consultancy (5kb) -
02. Supporting Information 05/08/2020 further ecological info Worcestershire Wildlife Consultancy (9kb) -
Application Plans
04. Site / Location Plan 12/05/2020 Location Plan (790kb) Site Location -
05. Existing Plans 12/05/2020 Existing Block Plan (767kb) Zeb 1215 Pl002 -
06. Proposed Plans 12/05/2020 Proposed Block Plan (813kb) Zeb 1215 Pl003 -
06. Proposed Plans 12/05/2020 Plot 3 Plans (656kb) Zeb 1215 Pl104 -
06. Proposed Plans 12/05/2020 Plot 1 And 2 Plans (633kb) Zeb 1215 Pl100 -
06. Proposed Plans 12/05/2020 Plot 3 Eles (654kb) Zeb 1215 Pl105 -
06. Proposed Plans 12/05/2020 Proposed Site Sections (897kb) Zeb 1215 Pl004 -
06. Proposed Plans 12/05/2020 Plot 1 And 2 Eles (653kb) Zeb 1215 Pl101 -
Neighbour and Other Response
08. Response - Neighbour and Other 04/06/2020 Mike Harfield, Innisfree, Bell Lane, Lower Broadheath, WORCESTER, WR2 6RR (51kb) -
08. Response - Neighbour and Other 12/06/2020 Jon Carrington, Heathside, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (52kb) -
08. Response - Neighbour and Other 13/06/2020 Warwick Taylor, Hedgerows, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (52kb) -
08. Response - Neighbour and Other 13/06/2020 Dr Genevieve S Hamilton, Field House, Sling Lane, Lower Broadheath, WORCESTER, WR2 6RP (53kb) -
08a. Response - Neighbour and Other Attachment 04/06/2020 Mike Harfield (19kb) -
08a. Response - Neighbour and Other Attachment 04/06/2020 Mike Harfield (1137kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 18/05/2020 Mr W M Everitt - Ramblers Association (Worcestershire Area) (51kb) -
09. Response - Statutory Consultee 19/05/2020 Bob Hughes - (Engineers) S.W. Land Drainage Partnership (54kb) -
09. Response - Statutory Consultee 19/05/2020 Consultation Service - Natural England (50kb) -
09. Response - Statutory Consultee 21/05/2020 Highways - County Highways (51kb) -
09. Response - Statutory Consultee 27/05/2020 MHDC Landscape Officer - MHDC Landscape Officer (50kb) -
09. Response - Statutory Consultee 03/06/2020 MHDC Natural Heritage & Biodiversity Officer - MHDC Natural Heritage & Biodiversity (50kb) -
09. Response - Statutory Consultee 23/06/2020 Archaeology and Planning Advisor (115kb) -
09. Response - Statutory Consultee 05/08/2020 MHDC Natural Heritage & Biodiversity Officer - MHDC Natural Heritage & Biodiversity (50kb) -
09a. Response - Statutory Consultee Attachment 19/05/2020 Consultation Service - Natural England (199kb) -
09a. Response - Statutory Consultee Attachment 21/05/2020 Highways - County Highways (114kb) -
09a. Response - Statutory Consultee Attachment 27/05/2020 MHDC Landscape Officer - MHDC Landscape Officer (50kb) -
09a. Response - Statutory Consultee Attachment 03/06/2020 MHDC Natural Heritage & Biodiversity Officer - MHDC Natural Heritage & Biodiversity (184kb) -
09a. Response - Statutory Consultee Attachment 05/08/2020 MHDC Natural Heritage & Biodiversity Officer - MHDC Natural Heritage & Biodiversity (105kb) -
Decision
11. Decision Information 13/08/2020 Delegated Report (70kb) -
12. Decision Notice 13/08/2020 Decision Notice (45kb) -
System Generated Leter
System Generated Letter 14/05/2020 Site Notice (92kb) -

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.


Name Address Sent Reply Received
Dr Genevieve S Hamilton Field House Sling Lane Lower Broadheath WORCESTER WR2 6RP 13/06/2020
Jon Carrington Heathside Sling Lane Lower Broadheath WORCESTER WR2 6RP 12/06/2020
Mike Harfield Innisfree Bell Lane Lower Broadheath WORCESTER WR2 6RR 04/06/2020
Warwick Taylor Hedgerows Sling Lane Lower Broadheath WORCESTER WR2 6RP 13/06/2020
Occupier 1 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/05/2020
Occupier 2 The Oaks Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/05/2020
Occupier Broadlands Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/05/2020
Occupier Innisfree Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/05/2020
Occupier The Oaks Barn Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/05/2020
Occupier Torrington Bell Lane Lower Broadheath WORCESTER WR2 6RR 14/05/2020

Consultee List


Name Organisation Sent Reply Due Reply Received
Manorial Heritage Ltd 14/05/2020 04/06/2020
Cllr Daniel Walton Broadheath Ward 14/05/2020 04/06/2020
Consultation Service Natural England 14/05/2020 04/06/2020 19/05/2020
Councillor D. Chambers Broadheath Ward 14/05/2020 04/06/2020
Drainage Engineer Engineers - S.W. Land Drainage Partnership 14/05/2020 04/06/2020 19/05/2020
Highways County Highways 14/05/2020 04/06/2020 21/05/2020
Jonathan Brierley The Open Spaces Society 14/05/2020 04/06/2020
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 14/05/2020 04/06/2020 05/08/2020
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 14/05/2020 04/06/2020 27/05/2020
Mr M J Davis Lower Broadheath Parish Council 14/05/2020 04/06/2020
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 14/05/2020 04/06/2020 18/05/2020
Worcestershire County Council (Footpaths) WCC - Footpaths 14/05/2020 04/06/2020
Worcestershire Wildlife Trust Worcestershire Wildlife Trust 14/05/2020 04/06/2020

Constraints List


Constraints List
SWDP 15: Designated Rural Areas
Outside SWDP Development Boundary
SWDP 2: Significant Gap
SWDP 5: Protect and Enhance
Public Right of Way: Type: Footpath Path No: 27
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Paper: Berrows Journal - Friday
CIL009 - Non-Urban Area
Heritage: Manorial Heritage
Enforcement Notice Issued Ref: E/16/00206/COU3 Property: Land on the south-east side of Bell Lane, Lower Broadheath
Enforcement Notice Issued Ref: ENF/19/0092 (A) Property: The Oaks, Bell Lane, Lower Broadheath, Worcester WR2 6RR
Enforcement Notice Issued Ref: ENF/19/0092 (B) Property: The Oaks, Bell Lane, Lower Broadheath, Worcester WR2 6RR
Enforcement Notice Issued Ref: ENF/19/0092 Property: The Oaks, Bell Lane, Lower Broadheath, Worcester (WR2 6RR)
TPO REF: 439 (2008). ADDRESS: Torrington Bell Lane Lower Broadheath Worcester WR2 6RR
Surface Water: 1 in 1000 extent
Old Lowland Meadow area on or within 500m
Special Wildlife Site within 100m: Broadheath Orchard
Appeals Information
Number 20/00621/FUL
PINS Appeal Ref APP/J1860/W/20/3260404
Method Written Representations Procedure
Start date 12/11/2020
LPA Final Comments Due 31/12/2020
Interested Party Comments Due 17/12/2020
Inquiry Date
Venue
Decision Dismissed
Issue Date 28/01/2021

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3260404

Copyright Notice

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

  • In order to view the documents please ensure you have ticked the Copyright Notice box above.
  • In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
  • To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
  • To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
  • If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
  • Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.

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’.

 Document Type▶ Date ▶ Description ▶ File Size ▶ Drawing/Rev Number ▶
Appeal
30. Appeal - Application Form 12/11/2020 Appeal Form (89kb) -
31. Appeal - Documents 12/11/2020 Confirmation Of Valid Appeal (33kb) -
31. Appeal - Documents 12/11/2020 Appeal Statement Of Case (709kb) -
31. Appeal - Documents 12/11/2020 Appendices And Documents For Appeal (134kb) -
31. Appeal - Documents 12/11/2020 Start letter (40kb) -
31. Appeal - Documents 04/01/2021 3rd Party Representation - C. Parkes (33kb) -
31. Appeal - Documents 04/01/2021 3rd Party Representation - A. Trigg (33kb) -
31. Appeal - Documents 07/01/2021 Public Right Of Way Map.pdf (170kb) -
33. Appeal - Councils Case 19/11/2020 LPA Questionnaire (111kb) -
33. Appeal - Councils Case 17/12/2020 Council's Statement Of Case (802kb) -
34. Appeal - Decision 29/01/2021 Despatch Cover Letter - Appeal Decision.pdf (34kb) -
34. Appeal - Decision 29/01/2021 Appeal Decision.pdf (120kb) -