| Application Number | W/25/00674/GPDQ |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid26/03/2025 -
Consultation
End01/05/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date21/05/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/25/00674/GPDQ |
| Location Address | Home Farm Church Lane Pinvin Pershore WR10 2EU |
| Proposal | Notification for Prior Approval for the proposed change of use of an agricultural building to a dwellinghouse and associated operational development. |
| Status | Refusal |
| Application Type | GPDQ - agricultural to C3 dwellinghouse |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 26/03/2025 |
| Application Valid Date | 26/03/2025 |
| Consultation Start Date | 02/04/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 01/05/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 21/05/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Pinvin |
| Ward | Pinvin Ward |
| Applicant | Mr J Howard |
| Agent | Miss Louise Casey, Stansgate Planning |
| Agent Address | 4 The Courtyard (HL/LC/11184) Timothy's Bridge Road Stratford upon Avon CV37 9NP |
| Condition Details / Information Notes |
| Building works have been carried out to the building to infill the upper parts of the north and south elevations with timber boarding and it does not appear that these works were reasonably necessary for agricultural purposes but rather pre-empted the submission of the prior approval application submitted on the 26 March 2025 contrary to Article (3) (2) and Schedule 2 Part 3 Class Q Condition Q.2 (1). Accordingly, the fact that the building operations carried out to the building are unlawful contrary to Article 3(5) sub paragraph (a) the proposal does not constitute permitted development under the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (as amended). |
| Notwithstanding refusal reason number 1, to comply with the criterion the existing building must be able to demonstrate that it is already capable of conversion and notwithstanding the building works already carried out to enclose the building, its appearance and condition is such that it would not be of a solid construction that would easily allow its conversion to a dwellinghouse without substantial building works and in particular, the construction of new walls and the substantial amount of new materials, that would be required to all four elevations and the suitability of which goes beyond what is deemed to be reasonably necessary and would therefore constitute rebuilding of the original building. The updated guidance at Paragraph 105 Reference ID: 13-105-20180615 clearly states that "it is not the intention of the permitted development right to allow rebuilding work which would go beyond what is reasonably necessary for the conversion of the building to residential use and it is only where the existing building is already suitable for conversion to residential use that the building would be considered to have the permitted development right.” As such, in this case the existing building is not already suitable for conversion and would not have the permitted development right to comply with Paragraph 105 Reference ID: 13-105-20180615 of the Planning Practice Guidance and due to the loss of a substantial amount of the existing fabric of the building that would be required and the amount of building works necessary that would go beyond partial demolition and beyond the remit of what would be reasonably necessary for the proposed conversion, the proposal does not comply with Class Q Part Q1 (i) (i) & (ii) of the Town and Country Planning (General Permitted Development Order) 2015 (as amended). |
| Notwithstanding refusal reason no 1 above, due to the siting of the building within the farmyard of a fully operational farming enterprise involving the housing of cattle, the applicant has not submitted sufficient evidence to demonstrate that this would not make the building undesirable for the proposed change of use to Class C3 dwellinghouse, due to noise, odour and disturbance from the adjacent activities and the resulting adverse effect on the living conditions of future occupants of the proposed dwellinghouse contrary to Policy SWDP31 of the South Worcestershire Development Plan (Feb 2016) and the provisions of the National Planning Policy Framework. As a result, the proposal would not be acceptable in respect of matter (e) of paragraph Q.2 (1) and overall the proposal cannot be considered to comply with Class Q, Schedule 2, part 3 of the Town and Country Planning (General Permitted Development Order) 2015 and prior approval must be refused. |
| In addition, the development proposed would not be permitted development under condition Q.2-1(f) of Class Q, Part 3, Schedule 2 of the (General Permitted Development) (England) Order 2015 (as amended). Due to the proposed design of the dwelling with extensive glazing that would create an incongruous and domesticated building that would fail to reflect the agricultural origins of the existing building this would also create a dominance that would be harmful to the historic setting of the non designated heritage assets and the proposal would be contrary to Policies SWDP6, 21 and 24 of the South Worcestershire Development Plan (Feb 2016) and paragraph 216 of the National Planning Policy Framework (Feb 2025). |
| The applicant should be aware that the application was determined on the following refused drawings - E1026 - 0102 rev B, 2001 rev B, 2002 rev B, 2100 rev B, 2101 rev B. |
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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 Elizabeth Tucker | Pinvin Ward | 02/04/2025 | 23/04/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 02/04/2025 | 23/04/2025 | |
| Highways | County Highways | 02/04/2025 | 23/04/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 02/04/2025 | 23/04/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 02/04/2025 | 23/04/2025 | |
| Worcestershire Regulatory Services - Cont. Land | Worcestershire Regulatory Services | 02/04/2025 | 23/04/2025 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 02/04/2025 | 23/04/2025 |
Constraints List
| Constraints List |
| Paper: Evesham Journal - Thursday |
| CIL008 - Non-Urban Area |
| Outside SWDP Development Boundary |
| Wind Turbines |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Enhance |
| Minor Aquifer |
| No associated appeals |
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