Application Number 21/01287/OUT
Status Application Refused

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Planning Online Status


  • 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)

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision
System Generated Leter
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.


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

Consultee List


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


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

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.
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  • 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
Appeal Documents