| Application Number | W/24/02312/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid24/02/2025 -
Consultation
End04/04/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date08/04/2025 -
Appeal
Started01/07/2025 -
Appeal
DecisionDismissed
| Summary | |
| Application Number | W/24/02312/FUL |
| Location Address | Land At (Os 8778 5991) Church Lane Martin Hussingtree |
| Proposal | Erection of self-build live/work unit |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 08/11/2024 |
| Application Valid Date | 24/02/2025 |
| Consultation Start Date | 14/03/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 04/04/2025 |
| Advert Expiry | 27/03/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 08/04/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Isabelle Badland |
| Parish | Martin Hussingtree |
| Ward | North Claines & Salwarpe Ward |
| Applicant | Mr & Mrs T McMillan |
| Agent | Michael A Brown Design |
| Agent Address | Manor Farm Barn Hadzor Droitwich Spa Worcs WR9 7DR |
| 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 units being designed in such a way that fails to offer a practical 'work' space that would be separate from the 'live' use accommodation. In particular, the design of the 'work' use unit with overtly domestic features such as the inclusion of a single-storey front projection with 'French Doors' serving the 'Workshop/studio' space having direct access to and from the front drive and outdoor area, the proposal fails to comply with Policy SWDP 8 G parts iii) of the South Worcestershire Development Plan. The proposed units have not been designed as what can be considered a genuine live/work units, due to being overtly domestic in design, layout and appearance, and the units have not been designed in a way to clearly separate or be able to regularise and enforce the 'work' element from the 'live' use element. Accordingly the proposal fails 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, SWDP2 and SWDP8 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework. |
| The proposed live/work unit would consitute as inappropriate development within the Greenbelt and would adversely impact the openess and visual amenity of the Greenbelt in virtue to design, scale and size, which is not outweighed by very special circumstances. The proposal therefore fails to accord with Policies SWDP 2 of the South Worcestershire Development Plan and paragraphs 143, 153, 154 & 155 of the National Planning Policy Framework. |
| The proposal fails to demonstrate that they could achieve a safe vehicular access to ensure that vehicles can safely exist and enter the public highway. Therefore, the proposed development would increase levels of hazard and danger to all road users contrary to Policies SWDP 4 and paragraphs 115 and 116 of the NPPF. |
| The proposed live/work unit would introduce a new building into the open countryside, Greenbelt and Martin Hussingtree conservation area and would appear incongruous due to its design, siting and size and would not complement the area's rural character. The development would have a detrimental visual impact in wider landscape views of the site. In these ways, the proposal is contrary to Policies SWDP 6, SWDP 21, SWDP 24 and SWDP 25 of the South Worcestershire Development Plan and the relevant provisions of the National Planning Policy Framework. |
| It has not been demonstrated that sufficient private garden space would be provided. As such, the proposal fails to adequately address the provision of garden space and is therefore contrary to the requirements of Policy SWDP21 of the South Worcestershire Development Plan and the relevant provisions of the National Planning Policy Framework. |
| The applicant has failed to provide a heritage statement, resulting in an inadequate assessment of the heritage assets. As a result, the proposal is contrary to Section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Notwithstanding this, on the basis of an assessment of the proposals, it is considered the benefits of the proposal do not outweigh the material considerations and is contrary to Policies SWDP 6 and SWDP 24 of the South Worcestershire Development Plan and the relevant provisions of the National Planning Policy Framework, in particular Section 16 – Conserving and enhancing the historic environment. |
| Refused Planning Drawing no/s: MAB1, MAB2 A, MAB3 and MAB4 |
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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 |
|---|---|---|
| The Cottage Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 26/03/2025 | |
| Cream Cottage 4 Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 27/03/2025 | |
| Orchard Cottage Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 25/03/2025 | |
| Annexe At Tythe Barn Church Lane Martin Hussingtree Worcs WR3 8TQ | 25/03/2025 | |
| Hay Barn Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 09/03/2025 | |
| The Old Rectory Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 23/03/2025 | |
| Ashford House Droitwich Road Martin Hussingtree WORCESTER WR3 8TE | 22/03/2025 | |
| Willow Barn Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 26/03/2025 | |
| Tythe Barn Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 24/02/2025 | 25/03/2025 |
| Orchard Manor Church Lane Martin Hussingtree WORCESTER WR3 8TQ | 24/02/2025 | 26/03/2025 |
| Annexe At Tythe Barn Church Lane Martin Hussingtree WR3 8TQ | 24/02/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Aidan Smyth | WDC - Archaeology & Planning Advisor | 24/02/2025 | 17/03/2025 | |
| Asset Protection Team | Severn Trent Water Limited | 24/02/2025 | 17/03/2025 | |
| Cllr Daniel Birch | North Claines & Salwarpe Ward | 24/02/2025 | 17/03/2025 | |
| Cllr Nicolas Wright | North Claines & Salwarpe Ward | 24/02/2025 | 17/03/2025 | |
| Conservation Officer | Conservation Officer | 24/02/2025 | 17/03/2025 | |
| Highways | County Highways | 24/02/2025 | 17/03/2025 | |
| Housing Team - WDC | Housing - WDC | 24/02/2025 | 17/03/2025 | |
| Mrs E Gallagher | Martin Hussingtree Parish Council | 24/02/2025 | 17/03/2025 | |
| Mrs E Marshall | Landscape Officer | 24/02/2025 | 17/03/2025 | |
| Mrs Marianne Pomeroy | Worcestershire County Council (Minerals) | 24/02/2025 | 17/03/2025 | |
| Sammie Lynch | Policy Plans - Self Build | 24/02/2025 | 17/03/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 24/02/2025 | 17/03/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 24/02/2025 | 17/03/2025 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 24/02/2025 | 17/03/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 14/03/2025 | 04/04/2025 |
Constraints List
| Constraints List |
| Paper: Droitwich Advertiser - Thursday |
| CIL008 - Non-Urban Area |
| Affect setting: Martin Hussingtree, Conservation Area |
| Green Belt |
| Minerals:Sand & Gravel Area |
| Outside SWDP Development Boundary |
| Wind Turbines |
| SWDP 6: Conservation Area |
| SWDP 15: Designated Rural Areas |
| SWDP 2: Greenbelt |
| SWDP 5: Protect and Restore |
| SWDP 32: Sand and Gravel |
| Minor Aquifer |
| Appeals Information | |
| Number | W/24/02312/FUL |
| PINS Appeal Ref | APP/H1840/W/25/3368435 |
| Method | Written Procedure |
| Start date | 01/07/2025 |
| LPA Final Comments Due | 19/08/2025 |
| Interested Party Comments Due | 05/08/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 08/12/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3368435
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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