| Application Number | W/25/00844/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid15/04/2025 -
Consultation
End30/05/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date17/06/2025 -
Appeal
Started07/07/2025 -
Appeal
DecisionAllowed
| Summary | |
| Application Number | W/25/00844/FUL |
| Location Address | Eastfield Wadborough Road Kempsey Worcester WR5 3QH |
| Proposal | Construction of 1no. live/work unit |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Allowed |
| Important Dates | |
| Application Received Date | 15/04/2025 |
| Application Valid Date | 15/04/2025 |
| Consultation Start Date | 25/04/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 30/05/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 17/06/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Norton Juxta Kempsey |
| Ward | Drakes Broughton, Norton & Whittington Ward |
| Applicant | Mr M Rowberry |
| 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 proposal fails to include evidence that the live-work accommodation would result in a genuine live-work proposition, due to the unit being designed in such a way that fails to provide at least 60% of 'workspace' to enable future occupiers to live and work within the same premises contrary to Policy SWDP8G part i). Due to the applicant occupying the unit in association with a separate fishery lake business use, adjacent to the site this demonstrates that the proposed unit has not been designed as a genuine live/work unit and the applicant has failed to provide evidence that the 'workshop' 'training studio' and 'office' would be designed to allow the occupation of the unit for work purposes for the majority of the working day and as such the proposal at present demonstrates a 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 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 its design and appearance the proposed live/work unit would fail to respond to and integrate with the prevailing rural character. In particular, due to the juxtaposition of stark materials to represent a 'barn' and the high level of contemporary domestic style glazing within the 'barn' work element and the traditional style of the 'live' element characteristic of a rural dwelling, this would exacerbate the visual dominance of the proposed building. Due to the disjointed appearance this would create an incongruous and discordant feature harmful to the rural landscape in direct conflict with the aims of Policy SWDP2 A (iii) in safeguarding and (wherever possible) enhancing the open countryside and as such contrary to policies SWDP21 and SWDP25 of the development plan and the provisions of the National Planning Policy Framework particularly Sections 12 which states that new development should be of high quality design and contribute positively to making places better. |
| Refused Drawing Numbers as Listed:- p2025_001/01 rev A, p2025_001/03 rev A, p2025_001/04 rev A, p2025_001/05 rev A. |
| 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. The Council has however been unable to seek solutions to problems arising from this application as the applicant has failed to provide a scheme that would comply with the statutory policies of the development plan and would not overcome the reasons for refusal. Despite the Council’s efforts, it is considered that planning permission should be refused for the reasons set out in the decision notice. |
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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 Liz Turier | Drakes Broughton, Norton & Whittington Ward | 25/04/2025 | 16/05/2025 | |
| Cllr Rob Adams | Drakes Broughton, Norton & Whittington Ward | 25/04/2025 | 16/05/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 25/04/2025 | 16/05/2025 | |
| Highways | County Highways | 25/04/2025 | 16/05/2025 | |
| Mrs E Marshall | Landscape Officer | 25/04/2025 | 16/05/2025 | |
| Mrs Marianne Pomeroy | Worcestershire County Council (Minerals) | 25/04/2025 | 16/05/2025 | |
| Mrs Samantha McMichael | Norton Juxta Kempsey Parish Council | 25/04/2025 | 16/05/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 25/04/2025 | 16/05/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 25/04/2025 | 16/05/2025 |
Constraints List
| Constraints List |
| Paper: Evesham Journal - Thursday |
| CIL008 - Non-Urban Area |
| Minerals:Sand & Gravel Area |
| Outside SWDP Development Boundary |
| Section 106 Agreement |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: Low 1 in 1000 extent |
| Wind Turbines |
| SWDP 5: Protect and Restore |
| SWDP 32: Sand and Gravel |
| Neighbourhood Plan: NPA Boundaries |
| Minor Aquifer |
| Appeals Information | |
| Number | W/25/00844/FUL |
| PINS Appeal Ref | APP/H1840/W/25/3368824 |
| Method | Written Procedure |
| Start date | 07/07/2025 |
| LPA Final Comments Due | 25/08/2025 |
| Interested Party Comments Due | 11/08/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Allowed |
| Issue Date | 23/10/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3368824
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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