| Application Number | W/25/00502/GPDR |
| Status | Application Refused |
Planning Online Status
-
Application
Valid12/03/2025 -
Consultation
End11/04/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date07/05/2025 -
Appeal
Started18/06/2025 -
Appeal
DecisionDismissed
| Summary | |
| Application Number | W/25/00502/GPDR |
| Location Address | Land At (Os 0865 4384) Back Lane Bretforton |
| Proposal | Notification for prior approval for the proposed change of use of an agricultural building to flexible commercial use, retail (class E) and storage (use class B8) |
| Status | Refusal |
| Application Type | GPDR - agricultural buildings to a flexible use |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 07/03/2025 |
| Application Valid Date | 12/03/2025 |
| Consultation Start Date | 14/03/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 11/04/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 07/05/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Badsey , Bretforton |
| Ward | Badsey & Aldington Ward, Bretforton & Offenham Ward |
| Applicant | Mr Neil Sheward, Architecture4All |
| Agent | Mr Neil Sheward, Architecture4All |
| Agent Address | 18 Old School Court Hampton Evesham WR11 2QW |
| Condition Details / Information Notes |
| The provision under Schedule 2, Part 3, Class R of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), as specified at Paragraph R, sub paragraph a) allows a change of use of a building and any land within its curtilage from a use as an agricultural building to a flexible use falling within one of the provisions of the Use Classes Order as specifically specified. In this case the Prior Approval application seeks the change of use of buildings consisting of more than one of the provisions within the Use Class Order and the proposal therefore cannot be considered due to its failure to comply with the requirements of Class R. |
| Notwithstanding refusal reason no 1 above, the Applicant has failed to submit sufficient evidence to demonstrate that part of the Propagation House building, subject to this Prior Approval application, which was constructed subject to planning application reference W/12/02599/PN for additional Propagation House and which was granted planning permission on the 10 January 2013 and consequently was brought into use after the 3 July 2012, has been in use for a period of at least 10 years before the date development under Class R begins. As such, at present it is not conclusive that the proposal accords with the criterion of Schedule 2, Part 3, Class R of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), Paragraph R.1 sub paragraph a) part iii). |
| Notwithstanding refusal reason no 1 above, the area of land outlined in red on the submitted plans 600/001 and 600/002 and indicated as curtilage associated with the agricultural buildings, would be separated from the existing Polytunnels due to the location of the Propagation House building and an area of surfacing forming a vehicular access route located in between. As such, the curtilage would not form a piece of land, whether enclosed or unenclosed, immediately beside or around the agricultural buildings and closely associated with the serving of the agricultural buildings and would not comply with the definition of curtilage under paragraph X of the Town and Country Planning (General Permitted Development Order) 2015 (as amended) and would not constitute permitted development. |
| The Applicant should be aware that the application was determined on the following refused drawings - 600/001 and 600/002. |
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.
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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.
| No associated neighbours |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Mark Ward | Badsey & Aldington Ward | 14/03/2025 | 04/04/2025 | |
| Cllr Matthew Winfield | Bretforton and Offenham Ward | 14/03/2025 | 04/04/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 14/03/2025 | 04/04/2025 | |
| Environment Agency | West Area Planning | 14/03/2025 | 04/04/2025 | |
| Highways | County Highways | 14/03/2025 | 04/04/2025 |
Constraints List
| Constraints List |
| CIL008 - Non-Urban Area |
| Paper: Evesham Journal - Thursday |
| Flood Zone 2: Medium |
| Outside SWDP Development Boundary |
| Historic Flood Map |
| Surface Water: Low 1 in 1000 extent |
| Wind Turbines |
| SWDP 15: Designated Rural Areas |
| SWDP 11: Vale of Evesham Heavy Goods Vehicles Control Zone |
| SWDP 5: Protect and Enhance |
| Local Wildlife Site |
| Appeals Information | |
| Number | W/25/00502/GPDR |
| PINS Appeal Ref | APP/H1840/W/25/3367638 |
| Method | Written Procedure |
| Start date | 18/06/2025 |
| LPA Final Comments Due | 06/08/2025 |
| Interested Party Comments Due | 23/07/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 09/09/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3367638
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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