| Application Number | W/24/02154/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid12/11/2024 -
Consultation
End17/12/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date18/03/2025 -
Appeal
Started24/09/2025 -
Appeal
DecisionDismissed
| Summary | |
| Application Number | W/24/02154/FUL |
| Location Address | The Pig Barn The Groaten Ashton Under Hill Evesham WR11 7QR |
| Proposal | Removal of containers and mobile home and construction of a single live/work unit to include exemption from BNG due to self build |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 22/10/2024 |
| Application Valid Date | 12/11/2024 |
| Consultation Start Date | 15/11/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 17/12/2024 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 18/03/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Ashton under Hill |
| Ward | Bredon Hill Ward |
| Applicant | David Nicklin |
| Agent | Mr Neil Jones, Neil Jones Associates |
| Agent Address | Oak House Cottons Lane Ashton under Hill WR11 7SS |
| Condition Details / Information Notes |
| The application fails to include evidence that the live-work accommodation would result in a genuine live-work proposition, due to the unit being designed in such a way that fails to provide at least 60% of 'workspace' to enable future occupiers to live and work within the same premises contrary to Policy SWDP8G part i) Due to the extent of the storage area provided within the building to be used in association with a separate holiday use business adjacent to the site this demonstrates that the proposed unit has not been designed as a genuine live/work unit and would be designed to allow the occupation of the unit as residential use only, failing to comply with the principle of Policy SWDP 8 part G and the interpretation of a live/work unit. As the proposal fails to comply with Policy SWDP8 G it does not fall within exception of Policy SWDP2 to allow development within the open countryside and as such fails to accord with policies SWDP1 and SWDP2 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework. |
| The application site is located in the open countryside where sustainable travel choices are limited. Residents would be highly reliant on the motor vehicle to get to and from the site. Furthermore, as the site is poorly related to local services, this would increase the need for journeys to be made by the private motor vehicle. As such the proposal would not be sustainable in terms of location and is contrary to Policies SWDP1, SWDP2, SWDP4 and SWDP8 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework, Chapter 9, that require development to minimise the demand for travel and offer genuinely sustainable travel choices. |
| By virtue of its design and appearance the proposed live/work unit would fail to respond to and integrate with the prevailing rural character. In particular, due to the juxta position of stark materials of a commercial/ utilitarian nature and the high level of domestic style glazing this would exacerbate the visual dominance of the proposed building. Due to the disjointed appearance this would create an incongruous and discordant feature harmful to the rural landscape in direct conflict with the aims of Policy SWDP2 A (iii) in safeguarding and (wherever possible) enhancing the open countryside and as such contrary to policies SWDP21 and SWDP25 of the development plan and the provisions of the National Planning Policy Framework particularly Sections 12 which states that new development should be of high quality design and contribute positively to making places better. |
| In addition, to refusal reason above, the proposed development would be highly visually prominent from The Groaten and from the adjacent public footpath to the east and due to its height, size, massing and poor design, the proposal would be harmful to the visual character of the area and the sensitive setting of a National Landscape. As such, the proposal would also fail to conserve or enhance the natural beauty of the Cotswold National Landscape or its setting, diminishing its important landscape views from inside and out and harming the visual amenity enjoyed by users of the Public Right of Way contrary to Polices SWDP23 and SWDP25 of the development plan, the relevant policies of the Cotswold National Landscape Management Plan 2023-2025 and the provisions of the National Planning Policy Framework particularly paragraph 189 which states that great weight should be given to conserving and enhancing National Landscapes. |
| Refused Drawing Numbers as Listed:- 24/07/21 rev A, 24/07/23 rev A, 24/07/24 rev A, 24/07/25. |
| In dealing with the application the Council has implemented the requirement in paragraph 38 of the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in the Development Plan, Supplementary Planning Documents, as well as offering a full pre-application advice service in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. The Council has however been unable to seek solutions to problems arising from this application as the applicant has failed to provide a scheme that would comply with the statutory policies of the development plan and would not overcome the reasons for refusal. Despite the Council’s efforts, it is considered that planning permission should be refused for the reasons set out in the decision notice. |
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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 |
|---|---|---|
| Cotswold Nights Away Caravan And Camping Site At The Pig Barn The Groaten Ashton Under Hill | 15/11/2024 | |
| Holiday Let Lodges The Groaten Ashton Under Hill | 15/11/2024 | |
| Rabbit Warren Holiday Let Lodges The Groaten Ashton Under Hill | 15/11/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Andy Robinson | Ashton Under Hill Parish Council | 15/11/2024 | 06/12/2024 | |
| Cllr Beverley Hardman | Bredon Hill Ward | 15/11/2024 | 06/12/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 15/11/2024 | 06/12/2024 | |
| Highways | County Highways | 15/11/2024 | 06/12/2024 | |
| Mrs E Marshall | Landscape Officer | 15/11/2024 | 06/12/2024 | |
| Mrs Marianne Pomeroy | Worcestershire County Council (Minerals) | 15/11/2024 | 06/12/2024 | |
| Worcestershire Regulatory Services - Cont. Land | Worcestershire Regulatory Services | 15/11/2024 | 06/12/2024 |
Constraints List
| Constraints List |
| Paper: Evesham Journal - Thursday |
| CIL008 - Non-Urban Area |
| Contaminated Land |
| Minerals:Sand & Gravel Area |
| Outside SWDP Development Boundary |
| Public Right of Way: Type- Footpath. Path No- AH-540 C |
| Surface Water: High 1 in 30 extent |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: Low 1 in 1000 extent |
| Wind Turbines |
| Policy Case ELA - 04-05. The Pig Barn, The Groaten, Ashton Under Hill, Evesham, WR11 7QR. Extension to building to form office and store. agricultural drainage pond, extension to hardstanding, siting of skip and lorry body (part retrospective re pond). Complete. |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Enhance |
| SWDP 5: Protect and Restore |
| SWDP 32: Sand and Gravel |
| Enforcement Notice: IN/13/00214 |
| Appeals Information | |
| Number | W/24/02154/FUL |
| PINS Appeal Ref | 6000714 |
| Method | Written Procedure |
| Start date | 24/09/2025 |
| LPA Final Comments Due | 12/11/2025 |
| Interested Party Comments Due | 29/10/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 12/12/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6000714
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’.
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