| Application Number | W/24/02498/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid03/01/2025 -
Consultation
End06/02/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date07/11/2025 -
Appeal
Started09/06/2026 -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/24/02498/FUL |
| Location Address | Racing Stables Stud Farm At Froglands Farm Froglands Lane Cleeve Prior |
| Proposal | Self build/ customer build replacement of existing mobile home with new dwelling and replacement of existing barn and shed with accommodation block and storage building for use/ occupation in connection with existing equine business |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 10/12/2024 |
| Application Valid Date | 03/01/2025 |
| Consultation Start Date | 08/01/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 06/02/2025 |
| Advert Expiry | 06/02/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 07/11/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Victoria Kempton |
| Parish | Cleeve Prior |
| Ward | Honeybourne, Pebworth & The Littletons Ward |
| Applicant | Mrs Dyson |
| Agent | Mr Simon Littlewood, Elevation One Building Design Ltd |
| Agent Address | 25 Uley Road Dursley GL11 4NJ |
| Condition Details / Information Notes |
| The replacement dwelling would involve the replacement of a mobile home, and it has not been demonstrated that the accommodation needs cannot be met through the alteration, extension and / or refurbishment of the existing property. Furthermore, by virtue of the increased floorspace, the replacement dwelling would be disproportionately larger than the existing dwelling. The replacement dwelling would consequently fall contrary to policy SWDP18A parts (i), (ii) and (iii) of the South Worcestershire Development Plan (SWDP). Furthermore, the replacement dwelling would not be permitted as a 'rural workers dwelling' in the absence of functional and economic tests contained in Annex G of the SWDP being met. The dwelling also exceeds 150 square metres of net usable floorspace without justification. The replacement dwelling would therefore be contrary to policy SWDP19A parts (i) and (iii). Insufficeint information has been submitted to confirm whether a dwelling serving or closely associated with the holding has been sold or changed from residential use, or otherwise separated from the holding within the previous five years, contrary to policy SWDP19A(ii). Overall, the proposed replacement dwelling would be located outside of any defined development boundary in an area of open countryside and fails to adhere to the development strategy set out in policy SWDP2C of the South Worcestershire Development Plan. It therefore fails to represent sustainable development as defined by the National Planning Policy Framework. There are no other material considerations which indicate a departure from the development plan policy is justified. |
| By virtue of the nature of the employment space contained within the barn and accommodation building, it is not a purpose-designed unit which enables the occupiers to live and work within the same premises. Even so, the building would not comply with the live / work policy including an overprovision of residential floor space in comparison to the work element where the floorspace is not split with at least 60% being employment space and the 'work' space does not include separate toilet facilities. The building would therefore be contrary to policy SWDP8G. Furthermore, the residential accommodation within this building would not be permitted as a 'rural workers dwellings' in the absence of the functional and economic tests contained in Annex G of the SWDP being met, particularly noting that there is already the mobile home which is within sight and sound of the equestrian facility. The residential accommodation within this building would therefore be contrary to policy SWDP19A(i). Insufficient information has been submitted to confirm whether a dwelling serving or closely associated with the holding has been sold or changed from residential use, or otherwise separated from the holding within the previous five years, contrary to policy SWDP19A(ii). Overall, by virtue of the scale, layout and intended purpose of the residential accommodation within the storage and accommodation building, it is assessed to be tantamount to residential dwellings. In this location which is located outside of any defined development boundary in an area of open countryside, the development fails to adhere to the development strategy set out within policy SWDP2C of the South Worcestershire Development Plan. It therefore fails to represent sustainable development as defined by the National Planning Policy Framework. There are no other material considerations which indicate a departure from the development plan policy is justified. |
| The single storey outbuilding which is proposed for demolition has the potential to destroy any bat roosts present and could cause disturbance, death or injury to bats. Similarly, the site is near a pond and the site includes grassland and hedgerows In the absence of further bat surveys or Great Crested Newt surveys, the submission does not demonstrate that it would not harm these protected species. Consequently, the effect of the proposal could have a harmful effect on protected species. This would conflict with Policy SWDP22 of the South Worcestershire Development Plan (2016), together with Chapter 15 of the National Planning Policy Framework. |
| In the absence of a legal agreement to secure the dwelling as a self and custom build dwelling and when taking into account the overall proposal, the development is not exempt from biodiversity net gain requirements under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). The application has not been supported by a biodiversity net gain assessment including: the pre-development biodiversity value of the on-site habitat or the completed metric calculation. The development subsequently fails to make appropriate provision for biodiversity gain. Accordingly, it would conflict with the relevant aims and objectives of the National Planning Policy Framework, and Schedule 7A of the Town and Country Planning Act 1990. |
| The proposed residential accommodation within the barn and accommodation building is assessed to be tantamount to the addition of two dwellings due to the scale of the internal accommodation which includes a large living area and bathrooms. In coming to this conclusion, as the intended use of the accommodation would include use for individuals for 'terms at a time', a condition restricting the addition of kitchen facilities would not meet the tests of reasonableness. The development would therefore result in a net gain of two dwellings. In the absence of a secure mechanism to provide a financial contribution towards the provision of off site affordable housing, the proposal would conflict with Policy SWDP15 of the South Worcestershire Development Plan and would fail to meet the social objectives of sustainable development as set out in the National Planning Policy Framework. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information following receipt of the application and by considering the imposition of conditions and or the completion of a s.106 legal agreement. 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 |
|---|---|---|
| War Memorial Village Hall Main Street Cleeve Prior EVESHAM WR11 8LG | 04/02/2025 | |
| Froglands Bungalow Froglands Lane Cleeve Prior WR11 8LB | 08/01/2025 | |
| Froglands Farm Froglands Lane Cleeve Prior EVESHAM WR11 8LB | 08/01/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Hannah Robson | Honeybourne, Pebworth & The Littletons Ward | 08/01/2025 | 29/01/2025 | |
| Cllr Judith Ciotti | Honeybourne, Pebworth & The Littletons Ward | 08/01/2025 | 29/01/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 08/01/2025 | 29/01/2025 | |
| Highways | County Highways | 08/01/2025 | 29/01/2025 | |
| Ray Evans | Cleeve Prior Parish Council | 08/01/2025 | 29/01/2025 |
Constraints List
| Constraints List |
| SWDP 11: Vale of Evesham Heavy Goods Vehicles Control Zone |
| Agricultural Occupancy condition may apply: W/95/00158/PP |
| Neighbourhood Plan: NPA Boundaries |
| SWDP 5: Protect and Enhance |
| Outside SWDP Development Boundary |
| Paper: Evesham Journal - Thursday |
| Agricultural Occupancy condition may apply: W/96/00545/PP |
| Section 106 Agreement |
| CIL008 - Non-Urban Area |
| Wind Turbines |
| SWDP 15: Designated Rural Areas |
| Surface Water: Low 1 in 1000 extent |
| Public Right of Way: Type- Bridleway. Path No- CP-524 B |
| Bridleway: Type- Bridleway. Path No- CP-524 B. |
| Public Right of Way: Type- Footpath. Path No- CP-527 C |
| Appeals Information | |
| Number | W/24/02498/FUL |
| PINS Appeal Ref | 6009224 |
| Method | Written Procedure |
| Start date | 09/06/2026 |
| LPA Final Comments Due | 28/07/2026 |
| Interested Party Comments Due | 14/07/2026 |
| Inquiry Date | |
| Venue | |
| Decision | |
| Issue Date | |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6009224
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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