Application Number W/24/01623/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    06/05/2025
  • Consultation
    End
    13/06/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    13/08/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number W/24/01623/FUL
Location Address Land at (OS 9130 7143) Berry Lane Upton Warren
Proposal Change of use of agricultural land to dog walking paddock with access and parking
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 13/08/2024
Application Valid Date 06/05/2025
Consultation Start Date 11/09/2024
Site Visited / Site Notice Date
Consultation End 13/06/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 13/08/2025

Further Information
Expected Decision Level Delegated
Case Officer Victoria Kempton
Parish Upton Warren
Ward Dodderhill Ward
Applicant Mr Andrew Shaw
Agent Mr Andrew Shaw
Agent Address Abbeylands Berry Lane Upton Warren Bromsgrove B61 9EL

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.
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: • Location Plan TQRQM24239153731082 Dated 26 August 2024; • Dog Field Fencing received by the Local Planning Authority on 10th September 2024; • Abbeylands Secure Dog Field Scaled plan [Site Plan] received by the Local Planning Authority on 4th May 2025; • Ecological Survey SO 91344 71429 by Chelmarsh RG dated 8th July 2025; • Technical Note – Access Visibility, 164814-001-01 dated March 2025; • Details of waste arrangements outlined within the email titled: “RE: Planning: Proposed Dog Walking W/24/01623/FUL Berry Lane, Upton Warren”, on 17th June 2025. Reason: To define the permission to ensure that the development meets the design quality and environmental requirements of Policy SWDP 21 of the South Worcestershire Development Plan 2016 and the relevant aims and objectives of the National Planning Policy Framework.
The materials to be used in the construction of the development hereby permitted shall match in type, colour and texture, to those listed within the following statement: Abbeylands Secure Dog Field - Materials, received by the Local Planning Authority on 4th May 2025. Reason: To ensure that the new materials are in keeping with the surroundings and to represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The development shall not commence until a Landscape and Ecological Management Plan (LEMP), has been prepared in accordance with the approved Biodiversity Gain Plan and the approved landscape scheme, submitted to and approved in writing by the Local Planning Authority. It shall include but not be limited to: (a) A non-technical summary; (b) The roles and responsibilities of the people or organisation(s) delivering the LEMP; (c) The planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; (d) The management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and, (e) The monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority. Notice in writing shall be given to the Council when the habitat creation and enhancement works as set out in the LEMP have been completed. The created and enhanced habitat specified in the approved LEMP shall thereafter be managed and maintained in accordance with the approved LEMP. Monitoring reports shall be submitted to the local planning authority in writing in accordance with the methodology and frequency specified in the approved LEMP. The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the LEMP are not being met, how contingencies and/or remedial action are identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. Once the LEMP is approved it shall be implemented in full accordance with those approved details. Reason: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site, and to ensure the proposal harmonises with the surroundings in accordance with policies SWDP21, SWDP22 and SWDP25 of the South Worcestershire Development Plan 2016 and the relevant aims and objectives of the National Planning Policy Framework.
The approved Biodiversity Gain Plan required by paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 shall be implemented in accordance with the details and timescale agreed within the Plan and maintained thereafter in accordance with the approved Landscape and Ecological Management Plan (LEMP). Reason: To ensure that the proposed development delivers a biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan.
The development hereby permitted shall not be commenced until full details of all surface water drainage systems for the proposed hardstanding to serve the development has 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 SWDP 30 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The Development hereby approved shall not be brought into use until the hardstanding for the access, parking and turning areas have been provided as shown on the drawing titled Abbeylands Secure Dog Field Scaled plan [Site Plan] received by the Local Planning Authority on 4th May 2025. The hardstanding shall thereafter be kept clear of obstruction and retained only for use by staff and visitors in connection with the permitted use of the dog walking facilities and for no other purpose. Reason: To ensure conformity with submitted details and to ensure that safe, adequate and convenient on-site parking spaces are provided and thereafter retained in the interests of public safety and convenience, having regard to policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan, and the relevant aims and objectives of the National Planning Policy Framework.
The development hereby approved shall not be occupied or first used until the proposed access gates have been set back five metres from the adjoining carriageway edge and made to open inwards only. The gates shall be retained in that position thereafter. Reason: To ensure safe access to the site and to prevent against any obstruction of the highway, in the interests of highway safety and public convenience, having regard to policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The development hereby approved shall not be occupied or first used until the first five metres of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material. Reason: To prevent against debris being carried onto the highway and to ensure safe access to the site in the interests of highway safety and public convenience, having regard to policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The development hereby approved shall not be used by customers without a prior booking. There shall only be one booking at any one time, limited to individuals only, with no group bookings permitted, and a maximum of six dogs per booking. The owners/operators of the dog walking field shall maintain an up-to-date register of all appointments. This register shall be made available within one calendar month of a written request by the Local Planning Authority. Reason: To limit the duration and intensity of use to that proposed, in the interest of highway safety and the amenity of the area, in accordance with South Worcestershire Development Plan policies SWDP4, SWDP21 and SWDP25 and the relevant aims and objectives of the National Planning Policy Framework.
The development hereby approved shall not be brought into use until the visibility splays shown on Drawing 164814-001 (contained within the Technical Note – Access Visibility), have been provided. The approved visibility splays shall at all times, be maintained free of level obstruction exceeding a height of 0.6 metres above carriageway level. Reason: To ensure safe access to the site in the interests of highway safety and public convenience, having regard to policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy.
No external means of illumination shall be installed or operated at the site, except that which is in accordance with details that are first submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details and retained thereafter. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The use hereby permitted shall only operate during daylight hours, Monday to Sundays, including Bank Holidays and shall not operate outside the following hours: • Between the months of March to October (inclusive): 07:00 - 20:00 Monday to Saturday (excluding Bank or Public Holidays), and 09:00 – 17:00 Sundays and Bank or Public Holidays. • Between the months of November to February (inclusive): 07:00 - 17:00 Monday to Saturday (excluding Bank or Public Holidays), and 09:00 – 17:00 Sundays and Bank or Public Holidays. Reason: To limit the duration and intensity of use to that proposed during daylight hours, in the interest of the amenity of the area, in accordance with South Worcestershire Development Plan policies SWDP21 and SWDP25, and the relevant aims and objectives of the National Planning Policy Framework.
The development hereby approved shall be operated in complete accordance with the measures outlined in the approved Noise Management Plan (received by the Local Planning Authority on 17th December 2024). Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information and amendments following receipt of the application. In seeking amendments to the proposed development following receipt of the application and by 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 effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 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; 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.
The applicant is advised to contact the Local Planning Authority for advice on whether the installation of any future temporary or permanent buildings, shelters and other structures, on the site, would require planning permission.

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
Little Durrance Berry Lane Upton Warren BROMSGROVE B61 9EJ 12/05/2025
Ingleboro Berry Lane Upton Warren BROMSGROVE B61 9EL 12/05/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth WDC - Archaeology & Planning Advisor 11/09/2024 02/10/2024
Cadent (National Transmission System) Cadent (National Transmission System) 11/09/2024 02/10/2024
Cllr Rick Deller Dodderhill Ward 11/09/2024 02/10/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 11/09/2024 02/10/2024
Highways County Highways 11/09/2024 02/10/2024
Michelle Marriner Upton Warren Parish Council 11/09/2024 02/10/2024
Mrs E Marshall Landscape Officer 11/09/2024 02/10/2024
WDC Natural Heritage & Biodiversity Officer WDC Natural Heritage & Biodiversity 11/09/2024 02/10/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 11/09/2024 02/10/2024
Highways County Highways 04/04/2025 18/04/2025
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 04/04/2025 18/04/2025
Cllr Rick Deller Dodderhill Ward 12/05/2025
Highways County Highways 12/05/2025
Michelle Marriner Upton Warren Parish Council 12/05/2025
WDC Natural Heritage & Biodiversity Officer WDC Natural Heritage & Biodiversity 12/05/2025

Constraints List


Constraints List
SWDP 5: Protect and Enhance
SWDP 2: Greenbelt
CIL008 - Non-Urban Area
Outside SWDP Development Boundary
Paper: Droitwich Advertiser - Thursday
Green Belt
Wind Turbines
SWDP 15: Designated Rural Areas
Surface Water: Low 1 in 1000 extent
Overhead Lines (within 100m)
Tower (within 100m)
No associated appeals