Application Number M/23/00202/FUL
Status Application Refused

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Planning Online Status


  • Application
    Valid
    23/02/2023
  • Consultation
    End
    15/04/2023
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    05/05/2023
  • Appeal
    Started
    18/12/2023
  • Appeal
    Decision
    Dismissed
Summary
Application Number M/23/00202/FUL
Location Address School House Crown East Worcester WR2 5TU
Proposal Extension of existing garage to provide covered, secure access for 3 vehicles and solar panels to south facing roof.
Status Refusal
Application Type Full planning permission
Appeal Decision Dismissed

Important Dates
Application Received Date 13/02/2023
Application Valid Date 23/02/2023
Consultation Start Date 02/03/2023
Site Visited / Site Notice Date
Consultation End 15/04/2023
Advert Expiry 30/03/2023
Committee Date (if applicable)
Committee Agenda
Decision Date 05/05/2023

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Rushwick CP
Ward Broadheath Ward - Pre 01/05/23
Applicant Mr Martin Harris
Agent Mr Martin Harris
Agent Address School House Crown East Rushwick Worcester WR2 5TU

Condition Details / Information Notes
Due to its position to the rear and side of the dwelling and the existing access arrangements the extended garage could easily be separated in the future from the School House and used as an independent dwelling. This would be contrary to Policies SWDP 2 and 21 of the South Worcestershire Development Plan which seeks to avoid new homes outside of defined settlement boundaries as well as advice contained within the Supplementary Planning Document on Design
The garage is located on the boundary shared with the church and graveyard and there is clear intervisibility between the two. Whilst an extension to the roofline may only have a minor impact in comparison to what now exists, the solar panels would be a modern intrusion and would inevitably impact the wider setting of the church and graveyard. Taken together, the increase in built form along with the solar panels would be considered to cause less than substantial harm to the setting of the listed building and the proposal is therefore not in accordance with the SWDP 6 and 24 of the South Worcestershire Development Plan.
This decision notice relates to the following plans and drawing nos: Location Plan, Block Plan, Floor plan and Elevations.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by providing pre-application advice and was advised that the impact of extending the garage on the setting of the church was a material consideration. 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

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 22/02/2023 Planning Application (6829kb) -
02. Supporting Information 22/02/2023 Design and Access Statement (3090kb) -
02. Supporting Information 22/02/2023 Integrated Solar Panels (2144kb) -
02. Supporting Information 23/02/2023 Water Management Statement (76kb) -
Application Plans
04. Site / Location Plan 13/02/2023 Location Plan (300kb) Location Plan -
04a. Block Plan 13/02/2023 Block Plan (429kb) Block Plan -
06. Proposed Plans 13/02/2023 Garage Elevations (340kb) Garage Elevations -
06. Proposed Plans 13/02/2023 Garage Floor Plans (216kb) Garage Floor Plans -
06a. Plans-Other 13/02/2023 Tree Plan (339kb) Tree Plan -
Statutory Consultee Response
09. Response - Statutory Consultee 07/03/2023 Highways - County Highways (74kb) -
09. Response - Statutory Consultee 09/03/2023 Mrs S Baxter - Rushwick Parish Council (75kb) -
09. Response - Statutory Consultee 18/04/2023 MHDC Conservation Officer - MHDC Development Plans & Conservation (75kb) -
09a. Response - Statutory Consultee Attachment 18/04/2023 MHDC Conservation Officer (92kb) -
Decision
11. Decision Information 05/05/2023 Delegated Report (24kb) -
12. Decision Notice 05/05/2023 Decision Notice (43kb) -
12. Decision Notice 25/04/2024 3330102 - Appeal Decision.pdf (104kb) -
System Generated Leter
System Generated Letter 13/03/2023 Site Notice (20kb) -

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
Occupier St Thomas Church Bromyard Road Crown East WR2 5TU 02/03/2023

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Daniel Walton Broadheath Ward 02/03/2023 23/03/2023
Councillor D. Chambers Broadheath Ward 02/03/2023 23/03/2023
Drainage Engineer Engineers - S.W. Land Drainage Partnership 02/03/2023 23/03/2023
Highways County Highways 02/03/2023 23/03/2023 07/03/2023
MHDC Conservation Officer MHDC Development Plans & Conservation 02/03/2023 23/03/2023 18/04/2023
Mrs S Baxter Rushwick Parish Council 02/03/2023 23/03/2023 09/03/2023

Constraints List


Constraints List
Permitted Development Rights Removal may apply : 18/00037/FUL
Paper: Berrows Journal - Thursday
CIL009 - Non-Urban Area
Outside SWDP Development Boundary
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Policy Case ELA - 17/00253. School House, Crown East, Worcester, WR2 5TU. Certificate of Lawfulness for the use of former school building for B1 (c) use in excess of 10 years. Complete.
Policy Case ELA - 17/01556. School House, Crown East, Worcester, WR2 5TU. Notification for Prior Approval for a proposed change of use from a light industrial to a dwelling house. Complete.
Policy Case HLA - MIG/17/01556/HOU. School House, Crown East, Worcester, WR2 5TU. Conversion of light industrial unit and attached dwelling to form 1 dwellinghouse and alterations of existing curtilage boundaries to form new gardens & triple garage. . Open Market. Small windfall (HLA only)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1301020. Listed Building. Church of St Thomas. LB/1301020
Appeals Information
Number M/23/00202/FUL
PINS Appeal Ref APP/J1860/W/23/3330102
Method Written Representations Procedure
Start date 18/12/2023
LPA Final Comments Due 05/02/2024
Interested Party Comments Due 22/01/2024
Inquiry Date
Venue
Decision Dismissed
Issue Date 24/04/2024

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3330102

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 18/12/2023 01 Appeal Form 925001 (164kb) -
31. Appeal - Documents 18/12/2023 QUESTIONNAIRE - 975339.pdf (111kb) -
31. Appeal - Documents 18/12/2023 Start letter (AR13) - Ciaran Power - 18 Dec 2023.pdf (41kb) -
32. Appeal - Appellants Case 07/02/2024 Appellant's Final Comments.pdf (44kb) -
32. Appeal - Appellants Case 18/12/2023 Statement Of Case (25kb) -
32. Appeal - Appellants Case 18/12/2023 Pic 1 This Is A Screenshot From Google Earth Which Shows The Distance Between The Closest Point (455kb) -
32. Appeal - Appellants Case 18/12/2023 Pic 2 This Is The View From The North Door Of The Church Towards School House. The Garage Is Not Vis (806kb) -
32. Appeal - Appellants Case 18/12/2023 Picture 3 This View Is From The Western Most Point Of The Church. (805kb) -
32. Appeal - Appellants Case 18/12/2023 Picture 4 This View Is From The Graveyard Position C (550kb) -
32. Appeal - Appellants Case 18/12/2023 Picture 5 This View Is From Position D (532kb) -
34. Appeal - Decision 25/04/2024 Despatch Cover Letter - Ciaran Power - 24 Apr 2024.pdf (34kb) -
34. Appeal - Decision 25/04/2024 3330102 - Appeal Decision.pdf (104kb) -