| Application Number | W/24/01785/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid01/10/2024 -
Consultation
End06/11/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date13/12/2024 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/24/01785/FUL |
| Location Address | Greenacres Hanbury Road Droitwich Spa WR9 7DX |
| Proposal | Variation of Condition 2 (Approved Plans) of Planning Permission 20/01058/FUL for the development of 4no. live/work units - to amend design details. |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 04/09/2024 |
| Application Valid Date | 01/10/2024 |
| Consultation Start Date | 01/10/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 06/11/2024 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 13/12/2024 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Hadzor |
| Ward | Bowbrook Ward |
| Applicant | Mrs M Gandy |
| Agent | Mr David Addison, AddisonRees Planning Consultancy Ltd |
| Agent Address | Unit 12A Top Barn Business Centre Ltd Holt Heath Worcester WR6 6NH |
| Condition Details / Information Notes |
| The application made is to vary conditions to planning permission ref: 20/01058/FUL however, the applicant has failed to provide substantive evidence to support the assertion that the development commenced within the time period of three years which would have expired on 8 February 2024 As such, it is not considered that a variation of condition application is an appropriate way to seek to amend the proposal as it fails to accord with the Town and Country Planning Act 1990 Section 73, sub paragraph (4). |
| Notwithstanding, refusal reason no 1 above, due to the repositioning of the unit at plot 4 to accommodate the detached garage building this would result in the development being sited closer to the trees at the western boundary, including a tree protected by Tree Preservation Order (ref TPO/W/42/10/001/TPO). The applicant has failed to submit sufficient information to demonstrate that the health and survival of veteran trees of importance would not be prejudiced by the proposed development or the consequent loss of trees is outweighed by the benefits of the proposal in terms of providing additional garage/storage facilities for the live/work unit. Accordingly, the proposal would be contrary to Policies SWDP22 and SWDP25 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework (Dec 2024), in particular paragraph 136 in which both seek to protect existing trees which contribute positively to the conservation and enhancement of the natural environment and local area. |
| Refused Drawing numbers as listed: 727-21A, 23B, 24A, 25B, 26. |
| 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. 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 39 of the NPPF. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above. |
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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 |
|---|---|---|
| 6 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 12/10/2024 | |
| Huntingdrop Cottage Hanbury Road DROITWICH SPA WR9 7DY | 07/10/2024 | |
| 5 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 16/10/2024 | |
| 4 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 08/10/2024 | |
| 17 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| Copper Beech Hanbury Road Droitwich Spa DROITWICH WR9 7DY | 01/10/2024 | 23/10/2024 |
| 1 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 3 Kingsdown Road Birmingham B31 1AJ | 01/10/2024 | |
| Huntingdrop Cottage Hanbury Road DROITWICH SPA WR9 7DY | 01/10/2024 | |
| 17 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 7 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 5 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| c/o Stuart Miles Vision Planning | 01/10/2024 | |
| 4 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 6 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 3 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 8 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 10 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 11 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 2 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 30 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 31 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 32 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| 9 Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 | |
| Thirteen Eagle And Sun Caravan Hanbury Wharf Lodge Park Hanbury Road DROITWICH SPA WR9 7FB | 01/10/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Inland Waterways Association | 01/10/2024 | 22/10/2024 | ||
| Alexandra Margaret Rowley | Worcester-Birmingham & Droitwich Canals Society | 01/10/2024 | 22/10/2024 | |
| Canal & River Trust Spatial Planning Team | Canal & River Trust | 01/10/2024 | 22/10/2024 | 14/10/2024 |
| Cllr Mrs Margaret Rowley | Bowbrook Ward | 01/10/2024 | 22/10/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 01/10/2024 | 22/10/2024 | |
| Highways | County Highways | 01/10/2024 | 22/10/2024 | |
| Mr S Bloomfield | Worcestershire Wildlife Trust | 01/10/2024 | 22/10/2024 | |
| Mrs M Rowley | Droitwich Waterways (Pamela May) Trust Ltd | 01/10/2024 | 22/10/2024 | |
| Rachel Jefferies | Saleway Parish Council | 01/10/2024 | 22/10/2024 | |
| Tree Preservation Officer | Tree Preservation Officer | 01/10/2024 | 22/10/2024 | |
| WCC LLFA Planning Consultation | WCC Lead Local Flood Authority | 01/10/2024 | 22/10/2024 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 01/10/2024 | 22/10/2024 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 01/10/2024 | 22/10/2024 | |
| Worcestershire Regulatory Services - Cont. Land | Worcestershire Regulatory Services | 01/10/2024 | 22/10/2024 |
Constraints List
| Constraints List |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Restore |
| Paper: Droitwich Advertiser - Thursday |
| Contaminated Land |
| Canal and River Trust: EIA, Major Development Consultation |
| Landfill Consultation |
| Canal and River Trust Inner Zone - Consult for all Dev. Types |
| CIL008 - Non-Urban Area |
| Outside SWDP Development Boundary |
| Surface Water: High 1 in 30 extent |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: Low 1 in 1000 extent |
| Tree Preservation Order - TPO/W/42/10/001/TPO |
| Tree Preservation Order - TPO/W/42/92/001/TPO |
| Wind Turbines |
| Policy Case HLA - WDC/348/HOU. Greenacres, Hanbury Road, Droitwich Spa, WR9 7DX, (Park and walk to site from Eagle & Sun Pub). Development of 4no. live/work units. Open Market. Small windfall (HLA only) |
| Historic Landfill Consultation (within 250m) |
| Local Wildlife Site |
| No associated appeals |
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