| Application Number | W/25/00494/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid07/03/2025 -
Consultation
End09/07/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date29/09/2025 -
Appeal
Started09/12/2025 -
Appeal
DecisionAllowed
| Summary | |
| Application Number | W/25/00494/FUL |
| Location Address | Land At (Os 0727 3869) Farmers Lane Childswickham |
| Proposal | 8 No. proposed new dwellings and associated works |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Allowed |
| Important Dates | |
| Application Received Date | 07/03/2025 |
| Application Valid Date | 07/03/2025 |
| Consultation Start Date | 12/03/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 09/07/2025 |
| Advert Expiry | 10/04/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 29/09/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Gillian McDermott |
| Parish | Childswickham |
| Ward | Broadway, Sedgeberrow & Childswickham Ward |
| Applicant | Cape Homes Ltd. |
| Agent | Mr Adrian Bird, BHB Cheltenham Ltd. |
| Agent Address | 3 Tebbit Mews Winchcombe Street Cheltenham GL52 2NF |
| Condition Details / Information Notes |
| The development lies in an open countryside location, outside a development boundary as defined by the South Worcestershire Development Plan where new development is strictly controlled under Policy SWDP 2 C. The proposed development does not form any exception to this rule and as such would be considered contrary to policy SWDP2 that sets out the settlement hierarchy and development strategy for South Worcestershire. However, the Council cannot currently demonstrate a 5yr housing land supply and as such Policy SWDP2 is considered to be out of date. Notwithstanding this consideration, the development would not minimise demand for travel, not offer genuinely sustainable travel choices and future occupiers of the development would be reliant on the use of the private car for their day to day needs, contrary to Policy SWDP 4 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| Whilst the proposed dwellings would be located within Flood Zone 1, Farmers Lane is the only access to the site and is located within Flood Zones 2 and 3 and the attenuation pond is located within Flood Zone 2. The area is known to have historic flooding issues and given the known overland flood flow along the eastern boundary of Farmers Lane, it has not been demonstrated that the site is safe from flooding, that the development will not increase the flood risk elsewhere, nor that there would be safe access into or out of the site in the event of flooding. The proposal therefore conflicts with Policies SWDP28 and SWDP 29 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. Vehicular and pedestrian access to the site lies within Flood Zone 2 (medium flood risk), close/adjacent to Flood Zone 3 (high flood risk). No information on reasonably available sites has been submitted by the applicant. Consequently, the proposal has failed to demonstrate that there are no sequentially preferable alternative sites for the development. On this basis, the proposal does not pass the sequential test, contrary to Policy SWDP 28 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework. |
| This part of Farmers Lane provides one of the main entrances to the village and contributes to its setting with existing dwellings to the north set back from the Public Right of Way and the brook. The proposal would bring built development significantly closer to these features and result in a harmful impact upon the setting of the village and fail to retain the pattern of the nucleated village. Further, the site is elevated and the proposal would result in harmful visual amenity impacts when viewed from the Public Right of Way, contrary to Policies SWDP 21 and SWDP 25 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| In the absence of a S106 legal agreement to secure on-site affordable housing and on off-site financial contribution towards affordable housing, the proposal would be contrary to Policy SWDP15 of the South Worcestershire Development Plan (2016) and guidance in the Council's Developer Contributions SPD and Affordable Housing SPD, as well as the relevant aims and objectives of the National Planning Policy Framework. |
| Refused plan numbers: 22419-01 Location Plan 22419-03 Rev C Proposed Site Plan 22419-04 Rev A Proposed Plot 1 Floorplan 22419-05 Rev A Proposed Plot 1 Elevations 22419-06 Rev A Proposed Plot 5 Floorplan 22419-07 Rev A Proposed Plot 5 Elevations 22419-08 Rev A Proposed Plots 4 and 8 Floorplan 22419-09 Rev A Proposed Plots 4 and 8 Elevations 22419-10 Rev A Proposed Plots 2 and 6 Plans and Elevations 22419-11 Rev A Proposed Plots 3 and 7 Plans and Elevations 22419-12 Rev A Existing and Proposed street scene |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - seeking further information following receipt of the application; - seeking amendments to the proposed development following receipt of the application; and 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 |
|---|---|---|
| Scolty House Murcot Road Childswickham BROADWAY WR12 7HR | 03/04/2025 | |
| Holly Cottage 17 New Street Childswickham BROADWAY WR12 7HQ | 28/03/2025 | |
| 9 Green Close Childswickham BROADWAY WR12 7JJ | 19/03/2025 | |
| The Refuge Farmers Lane Childswickham BROADWAY WR12 7HN | 08/04/2025 | |
| The Refuge Farmers Lane Childswickham BROADWAY WR12 7HN | 08/07/2025 | |
| Schiehallion Farmers Lane Childswickham BROADWAY WR12 7HN | 09/04/2025 | |
| Shepherds Lea Farmers Lane Childswickham BROADWAY WR12 7HN | 26/03/2025 | |
| 18 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | 03/04/2025 |
| 12 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | 19/03/2025 |
| Broad Oaks Farmers Lane Childswickham BROADWAY WR12 7HN | 12/03/2025 | 28/03/2025 |
| Rosecoombe New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | 07/04/2025 |
| Shepherds Lea Farmers Lane Childswickham BROADWAY WR12 7HN | 12/03/2025 | 26/03/2025 |
| 10 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| 14 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| 16 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| 2 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| 4 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| 6 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| Brookdale 1 Farmers Lane Childswickham BROADWAY WR12 7HN | 12/03/2025 | |
| Cheznous 20 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | |
| Langate Buckland Road Childswickham BROADWAY WR12 7HH | 12/03/2025 | |
| Rooksmoor Buckland Road Childswickham BROADWAY WR12 7HH | 12/03/2025 | |
| The Harbinger Buckland Road Childswickham BROADWAY WR12 7HH | 12/03/2025 | |
| Zeeland House Farmers Lane Childswickham BROADWAY WR12 7HN | 12/03/2025 | |
| 8 New Street Childswickham BROADWAY WR12 7HQ | 12/03/2025 | 19/05/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Aidan Smyth | WDC - Archaeology & Planning Advisor | 12/03/2025 | 02/04/2025 | |
| Asset Protection Team | Severn Trent Water Limited | 12/03/2025 | 02/04/2025 | |
| Cllr Emma Kearsey | Broadway, Sedgeberrow & Childswickham Ward | 12/03/2025 | 02/04/2025 | |
| Cllr Emma Sims | Broadway, Sedgeberrow & Childswickham Ward | 12/03/2025 | 02/04/2025 | |
| David Hunter-Miller | Childswickham Parish Council | 12/03/2025 | 02/04/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 12/03/2025 | 02/04/2025 | |
| Environment Agency | West Area Planning | 12/03/2025 | 02/04/2025 | |
| Highways | County Highways | 12/03/2025 | 02/04/2025 | |
| Housing Team - WDC | Housing - WDC | 12/03/2025 | 02/04/2025 | |
| Jonathan Brierley | Open Spaces Society | 12/03/2025 | 02/04/2025 | |
| Mr S Bloomfield | Worcestershire Wildlife Trust | 12/03/2025 | 02/04/2025 | |
| Mrs E Marshall | Landscape Officer | 12/03/2025 | 02/04/2025 | |
| Ramblers Head Office | The Ramblers' Association (Worcestershire Area) | 12/03/2025 | 02/04/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 12/03/2025 | 02/04/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 12/03/2025 | 02/04/2025 | |
| Worcestershire County Council (Public Paths) | 12/03/2025 | 02/04/2025 | ||
| Highways | County Highways | 27/03/2025 | 10/04/2025 | |
| Cllr Emma Kearsey | Broadway, Sedgeberrow & Childswickham Ward | 22/04/2025 | 06/05/2025 | |
| Cllr Emma Sims | Broadway, Sedgeberrow & Childswickham Ward | 22/04/2025 | 06/05/2025 | |
| David Hunter-Miller | Childswickham Parish Council | 22/04/2025 | 06/05/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 22/04/2025 | 06/05/2025 | |
| Cllr Emma Kearsey | Broadway, Sedgeberrow & Childswickham Ward | 25/06/2025 | 09/07/2025 | |
| Cllr Emma Sims | Broadway, Sedgeberrow & Childswickham Ward | 25/06/2025 | 09/07/2025 | |
| David Hunter-Miller | Childswickham Parish Council | 25/06/2025 | 09/07/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 25/06/2025 | 09/07/2025 | |
| Environment Agency | West Area Planning | 25/06/2025 | 09/07/2025 | |
| Highways | County Highways | 25/06/2025 | 09/07/2025 | |
| Housing Team - WDC | Housing - WDC | 25/06/2025 | 09/07/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 25/06/2025 | 09/07/2025 |
Constraints List
| Constraints List |
| SWDP 5: Protect and Restore |
| CIL008 - Non-Urban Area |
| Minor Aquifer |
| Flood Zone 2: Medium |
| Flood Zone 3: High |
| Outside SWDP Development Boundary |
| Paper: Evesham Journal - Thursday |
| Historic Flood Map |
| Surface Water: High 1 in 30 extent |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: Low 1 in 1000 extent |
| Wind Turbines |
| SWDP 15: Designated Rural Areas |
| SWDP 2: Development Boundary |
| Public Right of Way: Type- Footpath. Path No- CW-516 B |
| Local Wildlife Site |
| Appeals Information | |
| Number | W/25/00494/FUL |
| PINS Appeal Ref | 6002233 |
| Method | Written Procedure |
| Start date | 09/12/2025 |
| LPA Final Comments Due | 02/02/2026 |
| Interested Party Comments Due | 16/01/2026 |
| Inquiry Date | |
| Venue | |
| Decision | Allowed |
| Issue Date | 02/03/2026 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6002233
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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