Application Number | 21/01287/OUT |
Status | Application Refused |
Application Valid |
---|
05/07/2021 |
Consultation End |
---|
07/09/2021 |
Committee Meeting |
---|
N/A |
Decision |
---|
Refusal |
Decision Date |
---|
16/12/2021 |
Appeal Started |
---|
17/01/2022 |
Appeal Decision |
---|
Allowed |
Summary | |
Application Number | 21/01287/OUT |
Location Address | Land At (Os 7794 5048) Lower Interfields Malvern |
Proposal | Outline application for up to 45 residential units including 12 self/custom build units and associated infrastructure (all matters reserved except access) |
Status | Refusal |
Application Type | Outline Application |
Appeal Decision | Allowed |
Important Dates | |
Application Received Date | 05/07/2021 |
Application Valid Date | 05/07/2021 |
Consultation Start Date | 17/08/2021 |
Site Visited / Site Notice Date | |
Consultation End | 07/09/2021 |
Advert Expiry | 26/08/2021 |
Committee Date (if applicable) | |
Committee Agenda | |
Decision Date | 16/12/2021 |
Further Information | |
Expected Decision Level | Delegated |
Case Officer | Lee Walton |
Parish | Leigh CP |
Ward | Alfrick and Leigh Ward |
Applicant | Lone Star Land and Mr W Beard |
Agent | Mr Jack Casey, Lone Star Land Ltd |
Agent Address | 50 High Street Henley-in-Arden Warwickshire B95 5AN |
Condition Details / Information Notes |
The application site lies wholly outside of the development boundary of Leigh Sinton as defined by SWDP2 and on the Policies Map, where new development in the open countryside is strictly controlled and limited to specific uses (SWDP 2C), none of which apply in this case. The high quality of the open countryside is an important planning attribute of the area and the proposed residential development would represent a harmful urban encroachment into the open and undeveloped countryside. Policy SWDP2 of the South Worcestershire Development Plan also sets out that the development strategy is to provide for and facilitate the delivery of sufficient housing to meet objectively assessed needs to 2030. The Council can currently demonstrate a deliverable 5 year supply of housing land to meet this identified need. Accordingly, the proposal would undermine the development strategy set out under Policy SWDP2 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework (July 2021) including paragraphs 12, 15 and 174. |
The proposed development is located within a Significant Gap whose purpose is to provide additional protection to open land that may be subject to development pressures. Its purpose is maintaining clear breaks and separation between settlements and their urban areas. The designation acts to shape the pattern of settlements, adding to a sense of place and local distinctiveness. The proposal would create a prominent urban feature that ultimately allows for the spread and consolidation of unwarranted development and further encroachment into the countryside with the resulting loss of openness at the settlement’s edge that would fundamentally and cumulatively act to alter the character and appearance of the land to the detriment of the rural landscape character, reducing piecemeal the clear separation that exists. Such cumulative effect would have an adverse harmful impact in contributing towards coalescence of settlements contrary to the aims and objectives of the stated function of the Significant Gap designation under Policy SWDP2 Part D of the South Worcestershire Development Plan. |
The proposed development, by virtue of its location, the loss of roadside hedgerow, the associated technical requirements of the Highway Authority in setting out the access point and estate-like setting out of the green infrastructure on entering the site location all act to draw the eye and makes for a more prominent urbanising impact that would be harmful to the rural character and visual appearance and would fail to integrate with the landscape character of the area. As such the presence of the access point would represent a harmful urban encroachment at a prominent entrance to the village, detrimental to local distinctiveness and the site’s countryside surroundings. The proposal is therefore contrary to the provisions of Policies SWDP21 and SWDP25 of the South Worcestershire Development Plan and guidance contained within paragraphs 126, 130, 132, 134 and 174 of the National Planning Policy Framework (July 2021) which, inter alia, guide that the planning system should recognise the intrinsic character and beauty of the countryside, improve the character and quality of an area and contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. |
The application fails to demonstrate that safe and suitable access to and from the site can be provided for all users. The proposal therefore fails to accord with Policies SWDP4 and SWDP21 of the South Worcestershire Development Plan and guidance contained in the National Planning Policy Framework (July 2021) including paragraphs 110, 111, and 112. |
In the absence of a legal agreement to secure the provision of affordable housing in perpetuity and off-site contributions towards provision of public open space and sustainable transport improvements, and primary education provision; and a mechanism for the management and maintenance of the on-site public open space, the development fails to accord with Policies SWDP 4, SWDP 7, SWDP 15 and SWDP 39 of the South Worcestershire Development Plan, as well as paragraphs 63 and 85 of the National Planning Policy Framework (July 2021) which require local planning authorities to significantly boost the supply of affordable housing and ensure mixed and balanced communities, as well as requiring decisions to promote the provision and use of shared space and community facilities. |
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information following receipt of the application and considering the imposition of conditions and the completion of a s106 legal agreement. 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 38 of the NPPF. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above. |
This decision is based on the following plans: L01 (Red Outline), PO3, PO5, and ES115-ES-00-XX-DR-0505 (Access) |
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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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 |
---|---|---|---|
Katy Pitt | 10 Norway Close Leigh Sinton MALVERN WR13 5FE | 07/09/2021 | |
Amanda Brownhill | 12 Norway Close Leigh Sinton MALVERN WR13 5FE | 23/08/2021 | |
Andrew Tanner | Tawny Cottage 9 Interfields Cottage Lower Interfields MALVERN WR14 1UU | 25/08/2021 | |
Anne Hadley | 27 Hop Pole Green Leigh Sinton MALVERN WR13 5DP | 16/08/2021 | |
Annie wallace | 7 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 07/08/2021 | |
Anthony Baines | 7 Nash Green Leigh Sinton MALVERN WR13 5DR | 14/08/2021 | |
Ashley Clulow | 9 Lynn Close Leigh Sinton MALVERN WR13 5DU | 18/08/2021 | |
Carole Nicholls | 6 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 23/08/2021 | |
Claire Evans | 2 Chapel Cottages Malvern Road Leigh Sinton MALVERN WR13 5DZ | 19/08/2021 | |
Craig Haffield | 1 Wheelbarrow Way MALVERN WR14 1YL | 06/09/2021 | |
D J Baker E E Baker | Rosebank Cottage Malvern Road Leigh Sinton MALVERN WR13 5DZ | 15/08/2021 | |
Daniel Hinchliffe | 7 Spruce Close Leigh Sinton MALVERN WR13 5FD | 23/08/2021 | |
Emma Fosh | 9 Spruce Close Leigh Sinton MALVERN WR13 5FD | 23/08/2021 | |
emma MALPASS | 6 Interfields Cottage Lower Interfields MALVERN WR14 1UU | 08/08/2021 | |
Fiona Carmichael | Tawny Cottage 9 Interfields Cottage Lower Interfields MALVERN WR14 1UU | 25/08/2021 | |
Fiona Carmichael | Tawny Cottage 9 Interfields Cottage Lower Interfields MALVERN WR14 1UU | 25/08/2021 | |
Gemma Lawrence | 15 Norway Close Leigh Sinton MALVERN WR13 5FE | 08/08/2021 | |
George Pribojac | 1 Clewer Croft Leigh Sinton MALVERN WR13 5PJ | 14/08/2021 | |
Hannah Haffield | 12 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 04/09/2021 | |
Ian Brazier | 14 Hop Pole Green Leigh Sinton MALVERN WR13 5DP | 23/08/2021 | |
Ian Nicholls | 6 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 12/08/2021 | |
Ioannis Vasiliadis | 1 Pineview drive | 24/08/2021 | |
Jane shore | The Goldings 32 Kiln Lane Leigh Sinton MALVERN WR13 5HH | 16/08/2021 | |
Jeffrey and Hilary Thorogood | Mallards End 19 Nash Green Leigh Sinton MALVERN WR13 5DR | 17/08/2021 | |
Jo Hall | Herefordshire & Worcestershire CCG The Coach House John Comyn Drive Worcester | 20/08/2021 | |
Juliana Abrantes | 8 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 22/08/2021 | |
Kristofer Stewart | 10 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 21/08/2021 | |
Land Partnership Developments Ltd | Land Partnership Developments ltd, Fulford House, Newbold Terrace, Leamington Spa, Warwickshire CV32 4EA | 06/09/2021 | |
Lara Freeman | 2 Spruce Close Leigh Sinton MALVERN WR13 5FD | 22/08/2021 | |
Lauren Sharma | The Birches Malvern Road Leigh Sinton MALVERN WR13 5DZ | 20/08/2021 | |
Louise Moriarty | 7 Lynn Close Leigh Sinton MALVERN WR13 5DU | 26/08/2021 | |
M. Chesterton | Mayfield 26 Kiln Lane Leigh Sinton MALVERN WR13 5HH | 14/08/2021 | |
Mark Wallace | 7 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 01/09/2021 | |
Michael Green | Kiln House Kiln Lane Leigh Sinton MALVERN WR13 5HH | 14/08/2021 | |
Michael Holton | 4 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 08/08/2021 | |
Michael Roy Beard | Meadow View Malvern Road Leigh Sinton MALVERN WR13 5DZ | 14/08/2021 | |
Mr & Mrs Smyth | The Birches Malvern Road Leigh Sinton MALVERN WR13 5DZ | 24/08/2021 | |
Mr Daren Hall | The Oast House 25 Kiln Lane Leigh Sinton MALVERN WR13 5HH | 16/08/2021 | |
Mr T & Mrs M K Jones | 5 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 14/08/2021 | |
Mrs W A Newton | Tudor Lawns 21 Nash Green Leigh Sinton MALVERN WR13 5DR | 09/08/2021 | |
N Redshaw | 18 Hop Pole Green Leigh Sinton MALVERN WR13 5DP | 15/08/2021 | |
Nigel Birchley | 31 Kiln Lane Leigh Sinton MALVERN WR13 5HH | 25/08/2021 | |
Peter & Patricia Bernard | 1 Chapel Close Leigh Sinton MALVERN WR13 5BP | 21/08/2021 | |
PR & JA Turner | 3 Haywood Drive Leigh Sinton MALVERN WR13 5AR | 14/08/2021 | |
Richard Brownhill | 12 Norway Close Leigh Sinton MALVERN WR13 5FE | 23/08/2021 | |
Richard Orders and Emma Herbert | 7 Interfields Cottage Lower Interfields MALVERN WR14 1UU | 30/08/2021 | |
Rob Kyle | 9 Chapel Close Leigh Sinton MALVERN WR13 5BP | 22/08/2021 | |
Robin Clarke | Ashmead 3 The Corbetts Leigh Sinton MALVERN WR13 5HQ | 20/08/2021 | |
Sandra Wordsworth | Plantation House 36 Kiln Lane Leigh Sinton MALVERN WR13 5HH | 21/08/2021 | |
Sarah | 2 Somers Close Leigh Sinton MALVERN WR13 5DT | 31/08/2021 | |
Sian Webley | 4 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 08/08/2021 | |
Simon Campbell | 3 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 23/08/2021 | |
Simon Phillips | 4 The Corbetts Leigh Sinton MALVERN WR13 5HQ | 13/08/2021 | |
Simon Pugh | 3 Chapel Close Leigh Sinton MALVERN WR13 5BP | 19/08/2021 | |
Steve Letchford | 12 Lynn Close Leigh Sinton MALVERN WR13 5DU | 23/08/2021 | |
sue brazier | 14 Hop Pole Green Leigh Sinton MALVERN WR13 5DP | 15/08/2021 | |
Susan Evans | 34 Haywood Drive Leigh Sinton MALVERN WR13 5AR | 19/08/2021 | |
Tracey Campbell | 3 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 23/08/2021 | |
Trevor Jones (Malvern Rise Management Co Ltd) | 5 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 22/08/2021 | |
Alex and Tracy whiteside | 25 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | 22/08/2021 |
Carl Haffield | 12 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 30/07/2021 | 02/09/2021 |
Elaine Stewart | 10 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 30/07/2021 | 21/08/2021 |
Jose Noronha Neto | 8 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 30/07/2021 | 22/08/2021 |
Laura Tocknell | 11 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 30/07/2021 | 08/08/2021 |
Michele Martin | 21 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | 23/08/2021 |
Mr & Mrs Hall | 17 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | 25/08/2021 |
Mr & Mrs R Kite | 6 Spruce Close Leigh Sinton MALVERN WR13 5FD | 30/07/2021 | 12/08/2021 |
Occupier | 15 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | |
Occupier | 19 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | |
Occupier | 27 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | |
Occupier | 29 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | |
Occupier | 33 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | |
Occupier | 5 Somers Close Leigh Sinton MALVERN WR13 5DT | 30/07/2021 | |
Occupier | 5 Spruce Close Leigh Sinton MALVERN WR13 5FD | 30/07/2021 | |
Occupier | 6 Somers Close Leigh Sinton MALVERN WR13 5DT | 30/07/2021 | |
Occupier | 9 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 30/07/2021 | |
Paul Davies | 23 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | 17/08/2021 |
Rebecca Curtis | 13 Pineview Drive Leigh Sinton MALVERN WR13 5FB | 30/07/2021 | 15/08/2021 |
Ruth Thornhill | 13 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | 08/08/2021 |
Sophie | 31 Lynn Close Leigh Sinton MALVERN WR13 5DU | 30/07/2021 | 27/08/2021 |
Name | Organisation | Sent | Reply Due | Reply Received |
---|---|---|---|---|
Severn Trent Water Limited | 30/07/2021 | 20/08/2021 | 03/08/2021 | |
Aidan Smyth | MHDC Archaeology & Planning Advisor | 30/07/2021 | 20/08/2021 | 12/08/2021 |
Bob Hughes | Engineers - S.W. Land Drainage Partnership | 30/07/2021 | 20/08/2021 | 02/08/2021 |
Cllr Peter Whatley | Alfrick and Leigh Ward | 30/07/2021 | 20/08/2021 | |
Councillor S.J. Rouse | Alfrick Leigh - Councillor S.J. Rouse | 30/07/2021 | 20/08/2021 | |
Enivronment Agency | Environment Agency | 30/07/2021 | 20/08/2021 | |
Highways | County Highways | 30/07/2021 | 20/08/2021 | 18/08/2021 |
Housing Team - MHDC | Housing - MHDC | 30/07/2021 | 20/08/2021 | 19/08/2021 |
J Barker | Leigh Parish Council | 30/07/2021 | 20/08/2021 | 29/08/2021 |
Jo Hall | NHS Clinical Commissioning Group | 30/07/2021 | 20/08/2021 | 20/08/2021 |
Matt Barker | MHDC & WDC Carbon Reduction Project Officer | 30/07/2021 | 20/08/2021 | |
MHDC Landscape Officer | MHDC Landscape Officer | 30/07/2021 | 20/08/2021 | 06/10/2021 |
MHDC Legal Services | MHDC Legal Services | 30/07/2021 | 20/08/2021 | |
MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 30/07/2021 | 20/08/2021 | 14/10/2021 |
Policy Plans - General | Policy Plans - General | 30/07/2021 | 20/08/2021 | |
Sarah Soames | WCC Lead Local Flood Authority | 30/07/2021 | 20/08/2021 | 19/08/2021 |
Urban Design Consultation | MHDC & WDC Urban Design | 30/07/2021 | 20/08/2021 | |
Worcester Regulatory Services Contaminated Land | Worcestershire Regulatory Services | 30/07/2021 | 20/08/2021 | 31/07/2021 |
Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 30/07/2021 | 20/08/2021 | |
MHDC Community Services Manager | MHDC Community Services Manager | 16/08/2021 | 06/09/2021 | 12/12/2021 |
Worcestershire Regulatory Services - Air Quality | Worcestershire Regulatory Services | 16/08/2021 | 06/09/2021 | 18/08/2021 |
Lucy Langdon | WCC - Directorate of Children's Services | 17/08/2021 | 07/09/2021 | 05/08/2021 |
Constraints List |
Paper: Berrows Journal - Thursday |
CIL009 - Non-Urban Area |
s106: Land adjacent to Elm Hurst Farm, Hereford Road, Leigh Refno: S106-376 VAR |
s106: The former Somers Arms Leigh Sinton Refno: S106-039 |
s106: Land at Kiln Lane, Leigh Sinton Refno: S106-367 |
s106: Land adjacent to Elm Hurst Farm, Hereford Road, Leigh Refno: S106-376 |
TPO REF: 582 (2016). ADDRESS: Street_recordMalvern RoadLeigh Sinton |
Surface Water: 1 in 30 extent. |
Surface Water: 1 in 100 extent. |
Surface Water: 1 in 1000 extent |
Interferometer Area. INFER/7017 - |
Outside SWDP Development Boundary |
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
Contaminated Land |
SWDP 15: Designated Rural Areas |
SWDP 2: Development Boundary |
SWDP 5: Protect and Enhance |
SWDP 60 d: Housing Allocations |
SWDP 2: Significant Gap |
Site of Special Scientific Interest within 500m |
Appeals Information | |
Number | 21/01287/OUT |
PINS Appeal Ref | APP/J1860/W/21/3289643 |
Method | Public Inquiry Procedure |
Start date | 17/01/2022 |
Comment to PINS by | 12/04/2022 |
Inquiry Date | 10/05/2022 |
Venue | In Person & Virtual Hearing/Inquiry |
Decision | Allowed |
Issue Date | 05/07/2022 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3289643
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.
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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’.