Application Number W/24/02534/FUL
Status Application Refused

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Planning Online Status


  • Application
    Valid
    05/03/2025
  • Consultation
    End
    17/04/2025
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    12/05/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number W/24/02534/FUL
Location Address Elm Cottage Hill Lane Elmley Castle PERSHORE WR10 3HU
Proposal Installation of 4 no. shepherd huts for tourist accommodation use, associated decking, footpaths, secure bicycle storage and recycling/refuse storage and minor landscaping of the site
Status Refusal
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 15/12/2024
Application Valid Date 05/03/2025
Consultation Start Date 10/03/2025
Site Visited / Site Notice Date
Consultation End 17/04/2025
Advert Expiry 17/04/2025
Committee Date (if applicable)
Committee Agenda
Decision Date 12/05/2025

Further Information
Expected Decision Level Delegated
Case Officer Karen Wightman (Mrs)
Parish Elmley Castle
Ward Bredon Hill Ward
Applicant Topiary FHL (ELMLEY) LLP
Agent Glampitect Ltd
Agent Address 30 Craiglockhart Dell Road Edinburgh EH14 1JP

Condition Details / Information Notes
Due to the design, form, size and appearance of the proposed Shepherd huts, including extensive outdoor decking areas and the planned and engineered layout of the site, including extensive footpaths, this would result in a domesticated form of development that would be at odds with the undeveloped character of the land in the open countryside, resulting in harm to the character and visual amenity of the area, which would not be adequately mitigated by the proposed landscaping scheme. In addition, due to the implementation of the proposed landscaping scheme that would introduce a formal pattern of hedgerow that would create a division of the open land this would 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. A such the proposal would be contrary to policies SWDP21, 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 Landscape.
In addition, to refusal reason no 1 above, for the same reason of the proposed design, form, size and appearance of the proposed Shepherd huts, including extensive outdoor decking areas and the planned and engineered layout of the site, including extensive footpaths, this would result in a domesticated form of development that would be at odds with the historic open and undeveloped character of the land of agricultural origins that contributes to the significance of the settings of listed building of rural cottages in the Worcestershire Countryside. In addition, due to the planned layout including the implementation of the proposed landscaping scheme that would introduce a formal pattern of hedgerow that would create a division of the land this would harm the contribution it makes to the Elmley Castle Conservation Area and its setting due to the loss of its impression of openness appreciated from glimpses over boundaries and between buildings and as such would cause harm to its character and appearance. This harm would be less than substantial, however, the harm would not be outweighed by any public benefits of the scheme and the proposal is therefore contrary to Policies SWDP 6, and SWDP 24 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework, particularly section 16, and the relevant provisions of the Planning (Listed Buildings and Conservation Areas) Act.
The applicant has failed to provide sufficient evidence to demonstrate that the proposal would not impact on an area of potential archaeological interest and the historic environment. This harm would be less than substantial, however, the harm would not be outweighed by any public benefits of the scheme and the proposal is therefore contrary to Policies SWDP 6, and SWDP 24 of the South Worcestershire Development Plan and the provisions of the National Planning Policy Framework, particularly section 16.
Due to the location of the development site in close proximity to residential properties without adequate mitigation measures to prevent direct overlooking to these properties private outdoor amenity areas this would be to the detriment of these neighbouring residents' privacy and enjoyment of their amenity areas. In addition, due to the virtue of the scale of the development of 4 Shepherd huts, with outdoor amenity areas, provision of car parking spaces and the increase in level of activity due to cleaning and maintenance of the site in close proximity to residential properties, this would increase the level of noise and disturbance to local residents over that currently experienced and the applicant has failed to provide sufficient information to demonstrate that the proposed development would be compatible with its residential surroundings. As such, at present there is insufficient information to ensure that the proposal would maintain an adequate level of neighbouring amenity and does not comply with Policy SWDP21 of the South Worcestershire Development Plan (February 2016) nor Policy SWDP31 and would not be designed in order to avoid any significant adverse impacts to the health and wellbeing of residents directly impacted by the proposal, in terms of noise and nuisance pollution and contrary to the provisions of the National Planning Policy Framework, in particular paragraph 135 which states that planning decisions should have a high standard of amenity for existing and future users
Due to the narrowness of the existing vehicular entrance point and access driveway to serve the proposed holiday use site and the existing properties known as 'Elm Cottage' and 'Colt Cottage' the applicant has failed to provide sufficient evidence that the site would allow unobstructed access to allow two vehicles to enter and leave simultaneously without having to result in vehicles waiting in the public highway causing an obstruction to other vehicle users. Therefore, the proposed development is not an appropriate form of development that would not increase levels of hazard and danger to all road user contrary to Policies SWDP 4 and SWDP21 of the South Worcestershire Development Plan (February 2016) and the provisions of the National Planning Policy Framework in particular paragraphs 115 and 116.
Refused Drawing Numbers as Listed: - 231213-01-01 rev a, 02, rev B, 03 rev A, 04, 05, 06 rev B, 07, 10.
In dealing with the application the Council has implemented the requirement in paragraph 39 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 and Supplementary Planning Documents 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 principle of the proposal is considered contrary to our statutory policies and negotiation would not overcome the reasons for refusal and 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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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Biodiversity Net Gain
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision
Planning Application Documents

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
Manor Farm Cottage Main Street Elmley Castle PERSHORE WR10 3HS 12/02/2025
Hartwood 2 Hill Mews Hill Lane Elmley Castle PERSHORE WR10 3HU 18/01/2025
Kings Leigh Elmley Castle Pershore WR10 3HW 14/02/2025
Manor Farm House Main Street Elmley Castle PERSHORE WR10 3HS 22/01/2025
Orchard House Hill Lane Elmley Castle PERSHORE WR10 3HU 04/04/2025
Colt Cottage Hill Lane Elmley Castle PERSHORE WR10 3HU 06/02/2025
Colt Cottage Hill Lane Elmley Castle PERSHORE WR10 3HU 16/04/2025
Summerwood 3 Hill Mews Hill Lane Elmley Castle PERSHORE WR10 3HU 28/01/2025
Bute House Hill Lane Elmley Castle PERSHORE WR10 3HU 09/02/2025
1 Farm Court Main Street Elmley Castle PERSHORE WR10 3HS 11/02/2025
10 Parkwood Elmley Castle PERSHORE WR10 3HT 22/01/2025
The Cottage Hill Lane Elmley Castle PERSHORE WR10 3HU 17/02/2025
4 Farm Court Main Street Elmley Castle Pershore WR10 3HS 04/03/2025
Manor Barns Main Street Elmley Castle PERSHORE WR10 3HS 18/03/2025
Manor Barns Main Street Elmley Castle PERSHORE WR10 3HS 29/01/2025
Broadleaf House 1 Hill Mews Hill Lane Elmley Castle PERSHORE WR10 3HU 22/01/2025
The Dolphins Hill Lane Elmley Castle PERSHORE WR10 3HU 02/04/2025
The Dolphins Hill Lane Elmley Castle PERSHORE WR10 3HU 03/02/2025
Drakeley Cottage, Main Street, Elmley Castle, WR10 3HS 07/02/2025
Orchard House Hill Lane Elmley Castle PERSHORE WR10 3HU 03/02/2025
Warwick House Hill Lane Elmley Castle PERSHORE WR10 3HU 17/02/2025
Hillbrook Cottage Hill Lane Elmley Castle PERSHORE WR10 3HU 09/02/2025
Old Vicarage Hill Lane Elmley Castle PERSHORE WR10 3HU 10/02/2025
Woodcote Hill Lane Elmley Castle PERSHORE WR10 3HU 19/01/2025
2 Bredon Lodge Elmley Castle PERSHORE WR10 3HW 18/01/2025
Park Mill Hill Lane Elmley Castle PERSHORE WR10 3HY 21/01/2025
Alterhay House Hill Lane Elmley Castle PERSHORE WR10 3HU 10/03/2025
Rivendell Hill Lane Elmley Castle PERSHORE WR10 3HU 10/03/2025
The New House Hill Lane Elmley Castle PERSHORE WR10 3HU 10/03/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Beverley Hardman Bredon Hill Ward 13/01/2025 03/02/2025
Conservation Officer Conservation Officer 13/01/2025 03/02/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 13/01/2025 03/02/2025
Highways County Highways 13/01/2025 03/02/2025
Mr Andrew Robinson Elmley Castle Parish Council 13/01/2025 03/02/2025
Mrs E Marshall Landscape Officer 13/01/2025 03/02/2025
Mrs H Fleming Natural England 13/01/2025 03/02/2025
Simon Joyce Cotswolds National Landscape Board 13/01/2025 03/02/2025
WDC Natural Heritage & Biodiversity Officer WDC Natural Heritage & Biodiversity 13/01/2025 03/02/2025
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 13/01/2025 03/02/2025
Aidan Smyth WDC - Archaeology & Planning Advisor 10/03/2025 31/03/2025
Cllr Beverley Hardman Bredon Hill Ward 10/03/2025
Conservation Officer Conservation Officer 10/03/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 10/03/2025
Highways County Highways 10/03/2025
Mr Andrew Robinson Elmley Castle Parish Council 10/03/2025
Mrs E Marshall Landscape Officer 10/03/2025
Mrs H Fleming Natural England 10/03/2025
Simon Joyce Cotswolds National Landscape Board 10/03/2025
Tree Preservation Officer Tree Preservation Officer 10/03/2025 31/03/2025
WDC Natural Heritage & Biodiversity Officer WDC Natural Heritage & Biodiversity 10/03/2025
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 10/03/2025

Constraints List


Constraints List
SWDP 5: Protect and Enhance
SWDP 2: Development Boundary
CIL008 - Non-Urban Area
Listed Building 0m Buffer: Grade II. H.E Ref: 1319833. Listed Building. NORGROVE COTTAGE. LB/1319833
Paper: Evesham Journal - Thursday
Affect setting: Elmley Castle Conservation Area
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1319833. Listed Building. NORGROVE COTTAGE. LB/1319833
Elmley Castle Conservation Area
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1319901. Potentially Curtilage Listed. MANOR FARMHOUSE. PCL/1319901
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1319833. Potentially Curtilage Listed. NORGROVE COTTAGE. PCL/1319833
Listed Building 0m Buffer: Grade II. H.E Ref: 1319901. Potentially Curtilage Listed. MANOR FARMHOUSE. PCL/1319901
(National Landscapes (formerly Area Outstanding Natural Beauty)
Outside SWDP Development Boundary
Listed Building 0m Buffer: Grade II. H.E Ref: 1319833. Potentially Curtilage Listed. NORGROVE COTTAGE. PCL/1319833
Surface Water: High 1 in 30 extent
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Wind Turbines
SWDP 23: National Landscapes (formerly Area Outstanding Natural Beauty)
SWDP 6: Conservation Area
SWDP 15: Designated Rural Areas
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1116600. Potentially Curtilage Listed. OLD VICARAGE. PCL/1116600
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1116600. Listed Building. OLD VICARAGE. LB/1116600
Site of Special Scientific Interest
No associated appeals