| Application Number | W/24/02566/FUL |
| Status | Application Refused |
| Application Valid |
|---|
| 19/12/2024 |
| Consultation End |
|---|
| 04/02/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 13/02/2025 |
| Appeal Started |
|---|
| 09/04/2025 |
| Appeal Decision |
|---|
| Allowed |
| Summary | |
| Application Number | W/24/02566/FUL |
| Location Address | The Firs Throckmorton Road Lower Moor Pershore WR10 2JZ |
| Proposal | Construction of 2no. live/work units |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Allowed |
| Important Dates | |
| Application Received Date | 19/12/2024 |
| Application Valid Date | 19/12/2024 |
| Consultation Start Date | 23/12/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 04/02/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 13/02/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Hill and Moor |
| Ward | Pinvin Ward |
| Applicant | Mr S Guy |
| 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 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 domestic style doors and windows and the inclusion of ‘French Doors’ serving the ‘workshop/office’ space having direct access to and from the outdoor patio area and private garden serving the residential part of the site, the proposal fails to comply with Policy SWDP8 G parts i) and iii). As such, the proposed units have not been designed as genuine live/work units and due to being overtly domestic in design, layout and appearance, the units have not been designed in a way to clearly separate the ‘work’ use element from the live’ use element and as such would be integrated and 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, employees and visitors 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 the limited visibility to the south of the vehicular entrance point, the applicant has failed to submit sufficent evicence to demonstrate that they could achieve safe vehicular access to ensure that vehicles can safely exit and enter the public highway. 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:- p2024_033/01, 033/02, 033/03, 033/04, 033/05, 033/06, 033/07. |
| 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. Due to the failure of the applicant to provide sufficient information and adequate level of detail to provide a scheme that would overcome the reasons for refusal, despite the Council’s efforts, it is considered that consent can be refused for the reasons as set out in the decision 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.
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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 |
|---|---|---|
| Deck Builders (Uk) Ltd The Firs Throckmorton Road Lower Moor PERSHORE WR10 2JZ | 23/12/2024 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Aidan Smyth | WDC - Archaeology & Planning Advisor | 23/12/2024 | 13/01/2025 | |
| Cllr Elizabeth Tucker | Pinvin Ward | 23/12/2024 | 13/01/2025 | |
| Environment Agency | West Area Planning | 23/12/2024 | 13/01/2025 | |
| Highways | County Highways | 23/12/2024 | 13/01/2025 | |
| Ms C Hirst | Hill & Moor Parish Council | 23/12/2024 | 13/01/2025 | |
| Ms R Clare | Environment Agency | 23/12/2024 | 13/01/2025 | |
| Tree Preservation Officer | Tree Preservation Officer | 23/12/2024 | 13/01/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 23/12/2024 | 13/01/2025 | |
| Worcestershire Regulatory Services - Cont. Land | Worcestershire Regulatory Services | 23/12/2024 | 13/01/2025 |
| Constraints List |
| Paper: Evesham Journal - Thursday |
| Contaminated Land |
| CIL008 - Non-Urban Area |
| Outside SWDP Development Boundary |
| Wind Turbines |
| Policy Case ELA - 47-04/A. The Firs Throckmorton Road Lower Moor WR10 2JZ . Erection of machinery, plant and vehicle storage building.. Expired. |
| Policy Case ELA - 47-01. The Firs, Throckmorton Road, Lower Moor, Pershore, WR10 2JZ. Demolition of existing industrial outbuildings and erection of single storey industrial shed.. Complete. |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Enhance |
| Historic Landfill Consultation (within 250m) |
| Appeals Information | |
| Number | W/24/02566/FUL |
| PINS Appeal Ref | APP/H1840/W/25/3362367 |
| Method | Written Procedure |
| Start date | 09/04/2025 |
| LPA Final Comments Due | 28/05/2025 |
| Interested Party Comments Due | 14/05/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Allowed |
| Issue Date | 22/10/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3362367
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
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’.