Application Number M/23/00881/FUL
Status Application Refused

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Planning Online Status


  • Application
    Valid
    12/07/2023
  • Consultation
    End
    17/08/2023
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    15/11/2023
  • Appeal
    Started
    08/04/2024
  • Appeal
    Decision
    Allowed
Summary
Application Number M/23/00881/FUL
Location Address Land At (Os 7494 5876) Berrow Green Road Martley
Proposal Development of a live/work unit
Status Refusal
Application Type Full planning permission
Appeal Decision Allowed

Important Dates
Application Received Date 21/06/2023
Application Valid Date 12/07/2023
Consultation Start Date 13/07/2023
Site Visited / Site Notice Date
Consultation End 17/08/2023
Advert Expiry 10/08/2023
Committee Date (if applicable)
Committee Agenda
Decision Date 15/11/2023

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Martley CP
Ward Martley Ward
Applicant Mr K Jennings & Miss R Wintle
Agent Mr David Addison, AddisonRees Planning Consultancy Ltd
Agent Address Room 14F, Restdale House 32/33 Foregate Street Worcester WR1 1EE

Condition Details / Information Notes
The proposal does not meet the requirement for good design and has not resulted from an assessment of the character of the area. In particular, the siting and design of the cabin does not relate well to other built development in this locality and would not integrate effectively with the surrounding landscape. The proposal including the long access drive would have an urbanising impact on the open countryside particularly when viewed from the Worcestershire Way PROW and have a visually detrimental impact on the character and appearance of the surrounding rural area contrary to Policies SWDP 21 and 25 of the South Worcestershire Development Plan, MKD 3 of the Martley, Knightwck and Doddenham Neighbourhood Plan and the National Planning Policy Framework.
Insufficient information has been submitted to demonstrate that safe access can be achieved. The Highway Authority has no objection in principle to a development of a live/work unit as the vehicle movements generated would be minimal; however, the access/driveway linking the site to the B4197 is narrow over its entire length and would require the construction of passing bays at regular intervals to ensure vehicles can safely pass each other without the need for potential use of third-party land which cannot be permitted without a robust legal agreement in place between applicant and landowners. As such the proposal fails to accord with SWDP 4 and 21.
This decision notice relates to the following plan and drawings nos: p2023_012 / 01, p2023_012 / 04, RH Elevation, LH Elevation, Rear Elevation, Front Elevation, Floor Plans, p2023_012 / 03, and p2023_012 / 02
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways- making Development Plan Policy and Design guides available for public viewing. 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 21/06/2023 Applicationformredacted (430kb) -
01. Application Form 13/07/2023 Initial Consultee List 23.00881 (101kb) -
02. Supporting Information 21/06/2023 Planning Statement including Assessment of Significance (330kb) -
02. Supporting Information 21/06/2023 Energy Statement (132kb) -
02. Supporting Information 13/07/2023 WATER MANAGEMENT STATEMENT-1-2.pdf (804kb) -
02. Supporting Information 13/07/2023 WATER MANAGEMENT STATEMENT-3-7.pdf (4570kb) -
Application Plans
04. Site / Location Plan 21/06/2023 Location (105kb) p2023_012/01 -
04. Site / Location Plan 21/06/2023 Site Plans (1009kb) p2023_012/02 -
04a. Block Plan 21/06/2023 Block Plans (334kb) p2023_012/03 -
06. Proposed Plans 21/06/2023 Lh Side Elevation (38kb) -
06. Proposed Plans 21/06/2023 Rh Side Elevation (39kb) -
06. Proposed Plans 13/07/2023 shed Plan & Elevations (238kb) p2023_012/04 -
06. Proposed Plans 21/06/2023 Floor Plans (59kb) -
06. Proposed Plans 21/06/2023 Front Elevation (54kb) -
06. Proposed Plans 21/06/2023 Rear Elevation (54kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 13/07/2023 Worcestershire County Council (Footpaths) - WCC - Footpaths (77kb) -
09. Response - Statutory Consultee 20/07/2023 Highways - County Highways (77kb) -
09. Response - Statutory Consultee 25/07/2023 Bob Hughes - Engineers - S.W. Land Drainage Partnership (81kb) -
09. Response - Statutory Consultee 01/08/2023 Worcestershire Regulatory Services - Nuisance - Worcestershire Regulatory Services (76kb) -
09. Response - Statutory Consultee 03/08/2023 MHDC Tree and Landscape Officer - MHDC Tree and Landscape Officer (76kb) -
09. Response - Statutory Consultee 09/08/2023 M Alexander - Martley Parish Council (76kb) -
09. Response - Statutory Consultee 24/10/2023 Further Highway Response (109kb) -
09. Response - Statutory Consultee 10/11/2023 MHDC Conservation Officer - MHDC Development Plans & Conservation (76kb) -
09a. Response - Statutory Consultee Attachment 13/07/2023 Worcestershire County Council (Footpaths) (572kb) -
09a. Response - Statutory Consultee Attachment 20/07/2023 Highways (110kb) -
09a. Response - Statutory Consultee Attachment 03/08/2023 MHDC Tree and Landscape Officer (80kb) -
09a. Response - Statutory Consultee Attachment 10/11/2023 MHDC Conservation Officer (84kb) -
Decision
11. Decision Information 15/11/2023 Delegated Report (38kb) -
12. Decision Notice 15/11/2023 Decision Notice (42kb) -
12. Decision Notice 03/01/2025 APPEAL DECISION - 3335685.pdf (132kb) -
System Generated Leter
System Generated Letter 25/07/2023 Site Notice (19kb) -

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 1 The Bungalows Berrow Green Road Martley WORCESTER WR6 6PJ 13/07/2023
Occupier Firs Cottage Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023
Occupier Unit 1 Maylite Trading Estate Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023
Occupier Unit 2A Maylite Trading Estate Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023
Occupier Unit 2B Maylite Trading Estate Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023
Occupier Dovecote House Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023
Occupier Tabwell Cottage Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023
Occupier Tarragon Berrow Green Road Martley WORCESTER WR6 6PQ 13/07/2023

Consultee List


Name Organisation Sent Reply Due Reply Received
Asset Protection Team Severn Trent Water Limited 13/07/2023 03/08/2023
Cllr B J Williams Martley Ward 13/07/2023 03/08/2023
Drainage Engineer Engineers - S.W. Land Drainage Partnership 13/07/2023 03/08/2023 25/07/2023
Highways County Highways 13/07/2023 03/08/2023 20/07/2023
Jonathan Brierley The Open Spaces Society 13/07/2023 03/08/2023
MHDC Conservation Officer MHDC Development Plans & Conservation 13/07/2023 03/08/2023
MHDC Economic Development MHDC Economic Development 13/07/2023 03/08/2023
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 13/07/2023 03/08/2023
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 13/07/2023 03/08/2023 03/08/2023
Mrs Nikki Nicholson Martley Parish Council 13/07/2023 03/08/2023 09/08/2023
Policy Plans - General Policy Plans - General 13/07/2023 03/08/2023
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 13/07/2023 03/08/2023
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 13/07/2023 03/08/2023
Worcestershire County Council (Footpaths) WCC - Footpaths 13/07/2023 03/08/2023 13/07/2023
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 13/07/2023 03/08/2023 01/08/2023

Constraints List


Constraints List
Paper: Berrows Journal - Thursday
CIL009 - Non-Urban Area
Area of Special Control of Advertisements
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- MT-682 B
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
Neighbourhood Plan: NPA Boundaries
Appeals Information
Number M/23/00881/FUL
PINS Appeal Ref APP/J1860/W/23/3335685
Method Written Representations Procedure
Start date 08/04/2024
LPA Final Comments Due 27/05/2024
Interested Party Comments Due 13/05/2024
Inquiry Date
Venue
Decision Allowed
Issue Date 03/01/2025

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3335685

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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 Document Type▶ Date ▶ Description ▶ File Size ▶ Drawing/Rev Number ▶
Appeal
30. Appeal - Application Form 08/04/2024 01 Appeal Form 975670 (90kb) -
31. Appeal - Documents 08/04/2024 Start letter (AR13) - 08 Apr 2024.pdf (41kb) -
31. Appeal - Documents 11/04/2024 QUESTIONNAIRE - 1013995.pdf (110kb) -
32. Appeal - Appellants Case 22/05/2024 Appellant Final Comments.pdf (163kb) -
32. Appeal - Appellants Case 28/05/2024 Appellant Final Comments Updated.pdf (335kb) -
32. Appeal - Appellants Case 08/04/2024 A0 List Of Appendices (97kb) -
32. Appeal - Appellants Case 08/04/2024 A2 Appeal Statement (861kb) -
32. Appeal - Appellants Case 08/04/2024 D2 Photographs (2276kb) -
34. Appeal - Decision 02/01/2025 PINS email requesting LPA comments on conditions by 14 Jan - APP_J1860_W_23_3335685 Land At (Os 7494 5876)_ Berrow Green Road_ Martley M_23_00881_FUL (244kb) -
34. Appeal - Decision 02/01/2025 Agent reply to PINS email regarding conditions (194kb) -