Application Number M/23/01522/HP
Status Application Refused

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Planning Online Status


  • Application
    Valid
    06/11/2023
  • Consultation
    End
    13/01/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    09/12/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/23/01522/HP
Location Address The Wain House Dingle Road Leigh WORCESTER WR6 5JX
Proposal Garden Room (RETROSPECTIVE)
Status Refusal
Application Type Householder Planning
Appeal Decision N/A

Important Dates
Application Received Date 31/10/2023
Application Valid Date 06/11/2023
Consultation Start Date 09/11/2023
Site Visited / Site Notice Date
Consultation End 13/01/2024
Advert Expiry 07/12/2023
Committee Date (if applicable)
Committee Agenda
Decision Date 09/12/2024

Further Information
Expected Decision Level Delegated
Case Officer John Carlon
Parish Leigh CP
Ward Alfrick, Leigh & Rushwick Ward
Applicant Mr & Ms Matt Walton
Agent Mr Glenn Church, Homeplan Drafting Services
Agent Address 28 Jasmine Close Abbeydale Gloucester GL4 5FJ

Condition Details / Information Notes
The development obstructs Public Right of Way LI-511 C without proper authorisation, constituting an offence under the Highways Act 1980. This obstruction cannot be rectified retrospectively and represents a breach of public access rights. As such the proposal is in conflict with paragraph 104 of the NPPF which requires that 'Planning policies and decisions should protect and enhance public rights of way and access.' In addition the development fails to comply with Policy LB/I/6 of the Leigh and Bransford Neighbourhood plan which states that - Where possible, new development should be designed to ensure that it connects safely to local amenities, and the existing footway, cycleway, and footpath network.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- - seeking further information following receipt of the application 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.
By virtue of its incongruous form, scale, design, materials and position, the outbuilding's design fails to meet the design standards set out in Policy SWDP 21 of the South Worcestershire Development Plan 2016 or the South Worcestershire SPD Design Guide, resulting in a visually harmful and inappropriate addition to the site, which fails to respect the character of The Wain House and visually detracts from its historic rural character.
This decision notice relates to the following plan: TWH-DR-L-W-POD-001 As Existing Plans and Elevations including Site Location and Block Plans

Copyright Notice

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 31/10/2023 Applicationformredacted (289kb) -
02. Supporting Information 31/10/2023 Water Management Statement (88kb) -
02. Supporting Information 31/10/2023 S257 Footpath Diversion Order Applicationform (105kb) -
02. Supporting Information 31/10/2023 Design Statament (109kb) -
02. Supporting Information 06/11/2023 Heritage Statement (110kb) -
Application Plans
04. Site / Location Plan 31/10/2023 As Existing Plans and Elevations including Site Location and Block Plans (1519kb) TWH-DR-L-W-POD-001 -
Statutory Consultee Response
09. Response - Statutory Consultee 10/11/2023 MHDC Conservation Officer - MHDC Development Plans & Conservation (78kb) -
09. Response - Statutory Consultee 20/11/2023 Worcestershire County Council (Footpaths) - WCC - Footpaths (77kb) -
09. Response - Statutory Consultee 06/12/2023 J Barker - Leigh Parish Council (77kb) -
09. Response - Statutory Consultee 25/06/2024 Worcestershire County Council (Footpaths) - WCC - Footpaths (76kb) -
09a. Response - Statutory Consultee Attachment 20/11/2023 Worcestershire County Council (Footpaths) (650kb) -
09a. Response - Statutory Consultee Attachment 25/06/2024 Worcestershire County Council (Footpaths) (631kb) -
Decision
11. Decision Information 09/12/2024 Delegated Report (145kb) -
12. Decision Notice 09/12/2024 Decision Notice (155kb) -

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.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth MHDC Archaeology & Planning Advisor 09/11/2023 30/11/2023
Anna Briggs Leigh and Bransford Parish Council 09/11/2023 30/11/2023
Cllr Peter Whatley Alfrick, Leigh & Rushwick Ward 09/11/2023 30/11/2023
Cllr Sarah Rouse Alfrick, Leigh & Rushwick Ward 09/11/2023 30/11/2023
Drainage Engineer Engineers - S.W. Land Drainage Partnership 09/11/2023 30/11/2023
MHDC Conservation Officer MHDC Development Plans & Conservation 09/11/2023 30/11/2023
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 09/11/2023 30/11/2023
Worcestershire County Council (Footpaths) WCC - Footpaths 09/11/2023 30/11/2023

Constraints List


Constraints List
SWDP 15: Designated Rural Areas
Neighbourhood Plan: NPA Boundaries
SWDP 5: Protect and Enhance
Paper: Berrows Journal - Thursday
CIL009 - Non-Urban Area
Interferometer Area. INFER/7022 -
Enforcement Notice Issued Ref: HIST/EN/0243 Property: Pigeon House Farm, Dingle Road, Leigh, Worcester, WR6 5JX
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- LI-511 C
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Public Right of Way: Type- Footpath. Path No- LI-515 C
Surface Water: 1 in 1000 extent
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1098771. Curtilage Listed. Pigeonhouse Farmhouse. CL/1098771
No associated appeals