| Application Number | W/25/00842/CLE |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid28/04/2025 -
Consultation
End20/05/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date11/07/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/25/00842/CLE |
| Location Address | Elms Farm Walkers Lane Whittington Worcester WR5 2RE |
| Proposal | Application for a Lawful Development Certificate for an existing use of land as domestic garden |
| Status | Refusal |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 15/04/2025 |
| Application Valid Date | 28/04/2025 |
| Consultation Start Date | 29/04/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 20/05/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 11/07/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Frances Fleming |
| Parish | Whittington |
| Ward | Drakes Broughton, Norton & Whittington Ward |
| Applicant | Miss Anna Coles |
| Agent | Miss Anna Coles |
| Agent Address | Elms Farm Walkers Lane Whittington WR5 2RE |
| Condition Details / Information Notes |
| FIRST SCHEDULE Application for a Lawful Development Certificate for an existing use of land as domestic garden SECOND SCHEDULE Elms Farm, Walkers Lane, Whittington, Worcester, WR5 2RE. As indicated on the submitted Location Plan |
| Wychavon District Council, of The Civic Centre, Queen Elizabeth Drive, Pershore, Worcestershire WR10 1PT HEREBY CERTIFY that application reference W/25/00842/CLE registered on 28 April 2025 for a Certificate of Lawfulness Existing Use or Development is REFUSED in relation to the matter described in the First Schedule to this Notice in respect of the land specified in the Second Schedule to this Notice and outlined in red on the plan attached to this Notice, for the following reason :- Based on the evidence provided in support of the application in the submitted documents and plans, as well as the evidence available to the Council, on the balance of probabilities, the area of land subject to the application has not wholly been in use as domestic garden (class C3) for more than 10 years. Therefore the development is not lawful and the matter described in the First Schedule to this Notice constitutes development within the meaning of Section 55 of the Town and Country Planning Act 1990 (as amended) thus requiring planning permission. |
| Drawing no/s: Application form Location Plan Block Plan Plan A Location Plan Email from applicant dated 23/04/2025, subject updated statement and evidence Supporting information for certificate of lawfulness Application 24/04/2025 Discontinuation of agriculture statement Photographs (document titled ‘Garden Pics’) |
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.
| Address | Sent | Reply Received |
|---|---|---|
| The Elms Walkers Lane Whittington WORCESTER WR5 2RE | 07/05/2025 | |
| The Elms Walkers Lane Whittington WORCESTER WR5 2RE | 11/07/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Liz Turier | Drakes Broughton, Norton & Whittington Ward | 29/04/2025 | 20/05/2025 | |
| Cllr Rob Adams | Drakes Broughton, Norton & Whittington Ward | 29/04/2025 | 20/05/2025 | |
| Mr D Hunter-Miller | Whittington Parish Council | 29/04/2025 | 20/05/2025 |
Constraints List
| Constraints List |
| Agricultural Occupancy condition may apply: 83/01140 |
| Agricultural Occupancy condition may apply: 84/01271 |
| Enforcement Notice: ENF/PR/80/0001 |
| Paper: Evesham Journal - Thursday |
| CIL008 - Non-Urban Area |
| Landfill Consultation |
| Outside SWDP Development Boundary |
| Section 106 Agreement |
| Wind Turbines |
| Policy Case HLA - PAR/88/18/HOU. Elms Farm, Walkers Lane, Whittington, Worcester, WR5 2RE. BARN CON expired 23/4/09. Open Market. Small windfall (HLA only) |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Restore |
| SWDP 2: Significant Gap |
| PD Rights Removed may apply: W/04/00425/CU - Barn at, Elms Farm, Walkers Lane, Whittington, Worcester, WR5 2RE |
| No associated appeals |
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