Application Number W/24/01618/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    23/08/2024
  • Consultation
    End
    11/10/2024
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    20/02/2026
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number W/24/01618/FUL
Location Address Barn At (Os 9435 4383) Pensham Pershore
Proposal Conversion of detached agricultural building to single dwelling (with amendments) - previously approved under W/23/01317/GPDQ
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 13/08/2024
Application Valid Date 23/08/2024
Consultation Start Date 23/08/2024
Site Visited / Site Notice Date
Consultation End 11/10/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 20/02/2026

Further Information
Expected Decision Level Delegated
Case Officer Gavin Greenhow
Parish Pershore
Ward Pershore Ward
Applicant Mr and Mrs Sam Dimarco
Agent Mr Steve Miller, ArchiWildish Ltd
Agent Address 2A Granville House High Street Shipston-On-Stour CV36 4AJ

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Development shall not commence until evidence has been submitted to and approved in writing by the Local Planning Authority (LPA) demonstrating that a conservation covenant or a section 106 agreement has been entered into to provide and control the long-term management, monitoring, and enhancement of biodiversity at an off-site habitat. The conservation covenant or section 106 agreement shall ensure the delivery of the required biodiversity units for a minimum period of 30 years from the completion of the habitat enhancement works. The submitted evidence shall include a copy of the conservation covenant or section 106 agreement demonstrating that the off-site habitat is managed in accordance with the approved Biodiversity Gain Plan. Reason: To comply with the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 and the aims and objectives of the National Planning Policy Framework.
Notwithstanding details on the approved plans, before their insertion in the development hereby approved, details of the type, materials and finish of the garage doors shall be submitted to and approved in writing by the Local Planning Authority. Reason: Because the proposed design and materials of the garage doors are not considered to be acceptable in this rural area and to ensure that they are in keeping with the surroundings and/or represent high quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Following the approved Site Investigation (dated 19 January 2023), Phase 1 Preliminary Risk Assessment (27 January 2023) and Phase 2 Intrusive Site Investigation (24 February 2023) submitted in relation to prior notification approval 23/00333/GPDQ, occupation of the development must not commence until Parts 1 to 3 have been complied with: Part 1. The approved remediation scheme (Section 6, Phase 2 Intrusive Site Investigation report, prepared by Oakshire Environmental, 24 February 2023) must be carried out in accordance with its terms, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. Part 2. Following the completion of the measures identified in the approved remediation scheme, a validation report that demonstrates the effectiveness of the remediation carried out must be produced, submitted to and approved in writing by the Local Planning Authority. Part 3. In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where necessary a remediation scheme must be prepared, submitted to and approved in writing by the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme, a validation report must be prepared, submitted to and approved in writing by the Local Planning Authority prior to the occupation of any buildings. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SWDP21 and 31 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Prior to the occupation of any part of the development hereby permitted details of renewable or low carbon energy generating facilities to be incorporated as part of the development shall be submitted to and approved in writing by the local planning authority. The details shall demonstrate that at least 10% of the predicted energy requirements of the development will be met through the use of renewable/low carbon energy generating facilities. The approved facilities shall be provided prior to any part of the development hereby permitted being first occupied or in accordance with a timetable submitted to and approved by the local planning authority as part of the details required by this condition. Reason: To ensure the proposed development includes sufficient renewable/low carbon energy generating facilities to comply with Policy SWDP27 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
The development hereby permitted shall not be occupied/first used until full details of surface water drainage systems to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter. Reason: To ensure development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDP28, SWDP29 and SWDP30 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Before the first use/occupation of the development hereby permitted, a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:- (i) a plan(s) showing details of all existing trees and hedges on the application site. The plan should include, for each tree/hedge, the accurate position, canopy spread and species, together with an indication of any proposals for felling/pruning and any proposed changes in ground level, or other works to be carried out, within the canopy spread. (ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas. (iii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants. (iv) a written specification outlining cultivation and other operations associated with plant and grass establishment. (v) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting. All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Before the first use/occupation of the development hereby permitted, a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before the first use/occupation of the development hereby permitted in accordance with the approved details and retained in that form thereafter. Reason: To protect the amenities of properties and ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
The development hereby approved shall not be brought into use until the first 5 metres of the access into the development, measured from the edge of the carriageway has been surfaced in a bound material. Reason: In the interests of highway safety in accordance with Policy SWDP21 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
The development hereby approved shall not be occupied until an area has been laid out within the curtilage of the dwelling for the parking of 2 cars at a gradient not exceeding 1 in 8. This area shall thereafter be retained for the purpose of parking a vehicle only. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway in accordance with Policy SWDP21 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
The development hereby permitted shall not be first occupied until sheltered, secure and accessible cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only. Reason: To comply with the Council’s parking standards in accordance with Policy SWDP21 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Demolition, clearance or construction work and deliveries to and from the site in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00 Monday to Friday and 08.00 and 13.00 on a Saturday. There shall be no demolition, clearance or construction work or deliveries to and from the site on Sundays or Bank Holidays. Reason: To preserve the amenities of the locality in accordance with Policy SWDP21 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting, substituting, amending, extending, consolidating, replacing or modifying that Order), no additions, extensions or external alterations, building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house [other than those expressly authorised by this permission] shall be constructed/carried out on the application site following the completion/first use of the development hereby permitted. Reason: To control development in the interests of the visual amenities of the locality and to retain the rural character of the site in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan and the aims and objectives of the Framework.
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents – ArchiWildish drawing numbers 24-564-03B; 24-564-05C; 24-564-101; 24-564-102; 24-564-103; 24-564-104; Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework.
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; - seeking amendments to the proposed development following receipt of the application; and - considering the imposition of conditions. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
The applicants attention is drawn to paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990. The effect of this is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition (the 'biodiversity gain condition”) that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. Subject to Paragraph 14(2) of Schedule 7A TCPA 1990 The biodiversity gain plan must include: (a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; (b) the pre-development biodiversity value of the onsite habitat; (c) the post-development biodiversity value of the onsite habitat; (d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development; (e) any biodiversity credits purchased for the development; and (f) any such other matters as the Secretary of State may by regulations specify. Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan Reason – To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Biodiversity Net Gain
Application Plans
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.


Address Sent Reply Received
Abbey View Pensham PERSHORE WR10 3HB 23/08/2024
Sandilands Plant Nursery Pensham PERSHORE WR10 3HB 23/08/2024
Tower View Pensham PERSHORE WR10 3HB 23/08/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Charles Tucker Pershore Ward 23/08/2024 13/09/2024
Cllr Dan Boatright-Greene Pershore Ward 23/08/2024 13/09/2024
Cllr Jodi Arnold Pershore Ward 23/08/2024 13/09/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 23/08/2024 13/09/2024
Highways County Highways 23/08/2024 13/09/2024
Mrs Charlie MacIntyre Pershore Town Council 23/08/2024 13/09/2024
Mrs E Marshall Landscape Officer 23/08/2024 13/09/2024
Mrs Marianne Pomeroy Worcestershire County Council (Minerals) 23/08/2024 13/09/2024
Mrs V Wood Pershore Civic Society 23/08/2024 13/09/2024
WDC Natural Heritage & Biodiversity Officer WDC Natural Heritage & Biodiversity 23/08/2024 13/09/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 23/08/2024 13/09/2024

Constraints List


Constraints List
Policy Case HLA - WDC/344/HOU. Barn At (Os 9435 4383), Pensham, Pershore, WR10 3HB. Notification for Prior Approval for the proposed change of use of an Agricultural Building to 1no dwellinghouse., , N.B - W/23/00333/GPDQ proposal was for 2 dwellings, however W/23/01317/GPDQ now for 1 on the same red outline of the site (converting the same building into 1 not 2 dwellings), however they can implement either permission as both permissions are extant (not expired)., . Open Market. Small windfall (HLA only)
Wind Turbines
Minerals:Sand & Gravel Area
Paper: Evesham Journal - Thursday
SWDP 5: Protect and Enhance
SWDP 32: Sand and Gravel
Outside SWDP Development Boundary
CIL008 - Non-Urban Area
Minor Aquifer
Surface Water: High 1 in 30 extent
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Public Right of Way: Type- UUCR. Path No- PS-47002 B
Public Right of Way: Type- Footpath. Path No- PS-561 B
Public Right of Way: Type- Footpath. Path No- PS-557 C
Public Right of Way: Type- Footpath. Path No- PS-558 D
No associated appeals