Application Number M/23/01711/OUT
Status Application Refused

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Planning Online Status


  • Application
    Valid
    15/01/2024
  • Consultation
    End
    22/02/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    11/04/2024
  • Appeal
    Started
    07/08/2024
  • Appeal
    Decision
    Allowed
Summary
Application Number M/23/01711/OUT
Location Address Land At (Os 7500 5952) Berrow Green Road Martley
Proposal Outline planning permission for up to 55 dwellings (with means of access to the site be considered at this stage and all other matters reserved)
Status Refusal
Application Type Outline Application
Appeal Decision Allowed

Important Dates
Application Received Date 06/12/2023
Application Valid Date 15/01/2024
Consultation Start Date 15/01/2024
Site Visited / Site Notice Date
Consultation End 22/02/2024
Advert Expiry 15/02/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 11/04/2024

Further Information
Expected Decision Level Delegated
Case Officer Lee Walton
Parish Martley CP
Ward Martley Ward
Applicant Mrs T Almeida, Hayfield Homes
Agent Mrs T Almeida, Hayfield Homes
Agent Address Hayfield House Arleston Way Shirley Solihull B90 4LH

Condition Details / Information Notes
The residential development of this site would, by reason of its location, scale and prominence constitute an incongruous and visually intrusive feature when viewed from a number of publicly accessible locations, and have an unacceptably urbanising and consequently adverse impact upon the character and appearance of the area, resulting in demonstrable harm to the open and undeveloped character and appearance of the land, rather than integrating as discrete infill or 'rounding off' of the existing village. Furthermore, the proposal would overwhelm the Grade II listed Longstone Cottage by surrounding it with built development which would encroach upon and adversely impact its setting. As such, the proposal would be contrary to Policy SWDP21, SWDP25, SWDP6, SWDP24, SWDP2 and SWDP5 of the South Worcestershire Development Plan, and policy MKD1, MKD3, MKD4 and MKD6 of the Martley, Knightwick, and Doddenham Neighbourhood Plan, and guidance contained within the National Planning Policy Framework that amongst others aim to safeguard the intrinsic character and beauty of the countryside and improve the character and quality of an area.
In addition to the other harms identified, the proposed development would result in the loss of Grade 1 Agricultural Land that has been used for arable production, remains suitable for that purpose, and that is considered worthy of protection. The development is therefore contrary to Policy SWDP 13 of the South Worcestershire Development Plan and Paragraph 180 of the National Planning Policy Framework.
In its present form, the proposal fails to demonstrate that a safe access to the site could be achieved. As such the proposal is contrary to policies SWDP 4 and 21
In its present form, the proposal fails to demonstrate that the development would cause or compound local flood issues. As such the proposal is contrary to policy SWDP 28 and 29.
No mechanism (section 106 agreement) has been entered into to secure a legal obligation to provide for a policy compliant scheme for the provision of Highways, Education, Community Infrastructure, and Health contributions, and to secure the provision of affordable housing and the management and maintenance of the public open space. Accordingly, the proposed development is contrary to Policies SWDP 7, 15, 3, 39 and 62 of the South Worcestershire Development Plan and the National Planning Policy Framework, as well as the guidance contained within the South Worcestershire Developer Contributions SPD (July 2018).
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: providing opportunities for pre-application advice; considering the imposition of conditions and or the completion of a s.106 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 considers 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
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision

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
Alison Hardwell 11 Ryecroft Way Martley WORCESTER WR6 6BF 15/02/2024
Angela Hill 24 St Peters Drive Martley WORCESTER WR6 6QZ 29/02/2024
Anthony Eggleton 3 Berrow Green Martley WORCESTER WR6 6PL 12/02/2024
Beryl and Peter Wood 32 Ryecroft Way Martley WORCESTER WR6 6BF 21/02/2024
Caroline Dunn The Haven Berrow Green Road Martley WORCESTER WR6 6PQ 20/02/2024
CPRE Worcestershire 10 Badger Close Martley WORCESTER WR6 6QY 29/02/2024
Craig Marks 4 Lanthorne Close Martley WORCESTER WR6 6BJ 21/02/2024
Ian Nicoll 18 Lanthorne Close Martley WORCESTER WR6 6BJ 20/02/2024
Jan Judge 2 St Peters Drive Martley WORCESTER WR6 6PX 22/02/2024
Juliet Johm 6 Sandpits Close Martley WORCESTER WR6 6PZ 03/03/2024
Lesley & Richard Willetts Honeyoak Barn Berrow Green Road Martley WORCESTER WR6 6PQ 17/02/2024
Lynn Sivill 15 Mortlake Drive Martley WORCESTER WR6 6QU 01/03/2024
mandy gardner 3 Mortlake Drive Martley WORCESTER WR6 6QU 14/02/2024
MARGARET COLBURN The Willows Jury Lane Martley WORCESTER WR6 6PE 26/02/2024
Melanie Mann 5 Vernon Close Martley WORCESTER WR6 6QX 07/03/2024
Michael Hawkswood 14 Mortlake Drive Martley WORCESTER WR6 6QU 18/02/2024
Mike & Maggie Dorward 25 Ryecroft Way Martley WR6 6BF 06/03/2024
Mr & Mrs Wintle Tabwell Cottage Berrow Green Road Martley WORCESTER WR6 6PQ 10/03/2024
Mrs Haworth Yew Tree Cottage Pudford Lane Martley WORCESTER WR6 6QL 21/02/2024
Mrs. P Ellis 5 Hawthorn Close Martley WORCESTER WR6 6NS 13/02/2024
Pat Owen The Laurels Jury Lane Martley WORCESTER WR6 6PE 15/02/2024
Rishi Verma Hillrose St Peters Drive Martley WORCESTER WR6 6PX 25/02/2024
Ruth SHAVREEN Ivy Glen Hillside Martley WORCESTER WR6 6QN 19/02/2024
Simon Honeyborne 50 St Peters Drive Martley WORCESTER WR6 6QZ 22/02/2024
Simon Lee Stoneybridge House Martley WORCESTER WR6 6QB 25/02/2024
Stephen Kite 33 Ryecroft Way Martley WORCESTER WR6 6BF 18/02/2024
Sue Curren Prickley Green Farm Prickley Green Martley WORCESTER WR6 6QQ 21/03/2024
Susan O'Brien 61 St Peters Drive Martley WORCESTER WR6 6QZ 28/02/2024
Janet Liszewski Rose Cottage Berrow Green Road Martley WORCESTER WR6 6PQ 15/01/2024 18/01/2024
Occupier 111 Berrow Green Road Martley WORCESTER WR6 6PQ 15/01/2024
Occupier Barleycove Cottage 110 Berrow Green Road Martley WORCESTER WR6 6PQ 15/01/2024
Occupier Longstone Cottage Berrow Green Road Martley WORCESTER WR6 6PQ 15/01/2024
Richard and Pauline Mills Row End Berrow Green Road Martley WORCESTER WR6 6PQ 15/01/2024 04/02/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth MHDC Archaeology & Planning Advisor 15/01/2024 05/02/2024
Buildover team Severn Trent Water Limited 15/01/2024 05/02/2024 20/03/2024
Cllr B J Williams Martley Ward 15/01/2024 05/02/2024
Delegated Commissioning Team NHS Herefordshire & Worcs Integrated Care Board 15/01/2024 05/02/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 15/01/2024 05/02/2024
Environment Agency Environment Agency 15/01/2024 05/02/2024
Highways County Highways 15/01/2024 05/02/2024
Housing Team - MHDC Housing - MHDC 15/01/2024 05/02/2024
Jonathan Brierley The Open Spaces Society 15/01/2024 05/02/2024
Lead Local Flood Authority WCC Lead Local Flood Authority 15/01/2024 05/02/2024
Matt Barker MHDC & WDC Carbon Reduction Project Officer 15/01/2024 05/02/2024
MHDC Community Services Manager MHDC Community Services Manager 15/01/2024 05/02/2024
MHDC Conservation Officer MHDC Development Plans & Conservation 15/01/2024 05/02/2024 11/04/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 15/01/2024 05/02/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 15/01/2024 05/02/2024
Mr R Cooper & Mr J Jennings Hereford & Worcester Fire Service 15/01/2024 05/02/2024
Mrs Nikki Nicholson Martley Parish Council 15/01/2024 05/02/2024
Policy Plans - General Policy Plans - General 15/01/2024 05/02/2024
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 15/01/2024 05/02/2024
Urban Design Consultation MHDC & WDC Urban Design 15/01/2024 05/02/2024
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 15/01/2024 05/02/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 15/01/2024 05/02/2024
Worcestershire County Council (Footpaths) WCC - Footpaths 15/01/2024 05/02/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 15/01/2024 05/02/2024

Constraints List


Constraints List
Enforcement Notice Issued Ref: HIST/EN/0073 Property: Longstone Cottage, Berrow Green Road, Martley, Worcester, WR6 6PQ
Outside SWDP Development Boundary
SWDP 15: Designated Rural Areas
Public Right of Way: Type- Footpath. Path No- MT-698 C
Neighbourhood Plan: NPA Boundaries
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 5: Protect and Enhance
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
Enforcement Notice Issued Ref: HIST/EN/0239 Property: Longstone Cottage, Berrow Green Road, Martley, Worcester, WR6 6PQ
Public Right of Way: Type- Footpath. Path No- MT-694 B
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1082996. Listed Building. Longstone Cottage. LB/1082996
Appeals Information
Number M/23/01711/OUT
PINS Appeal Ref APP/J1860/W/24/3348743
Method Public Inquiry Procedure
Start date 07/08/2024
LPA Final Comments Due 29/10/2024
Interested Party Comments Due 11/09/2024
Inquiry Date 26/11/2024
Venue The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF
Decision Allowed
Issue Date 09/01/2025

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3348743

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
Appeal Core Documents