| Application Number | W/25/00931/FUL |
| Status | Application Refused |
Track This App
Sign up to notifications on this planning application
Back to search results
New search
Planning Online Status
-
Application
Valid02/05/2025 -
Consultation
End06/06/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date20/10/2025 -
Appeal
Started22/04/2026 -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/25/00931/FUL |
| Location Address | Pinfield House Brown Heath Lane Martin Hussingtree Droitwich Spa WR9 7JF |
| Proposal | Demolition of existing dwelling and replacement of 1 no. new dwelling and associated external works |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 29/04/2025 |
| Application Valid Date | 02/05/2025 |
| Consultation Start Date | 06/05/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 06/06/2025 |
| Advert Expiry | 06/06/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 20/10/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Victoria Kempton |
| Parish | Salwarpe |
| Ward | North Claines & Salwarpe Ward |
| Applicant | Mr and Mrs Kernaghan |
| Agent | Mr Tom Locke, Habitat Plus Architects |
| Agent Address | c/o MgGills Chartered Accountants Oakley House Tetbury Lane Cirencester GL7 1US |
| Condition Details / Information Notes |
| The proposed development by virtue of its proposed size, height and scale is materially larger than the existing dwelling. It therefore does not meet the requirements for replacement dwellings under paragraph 154(d) of the National Planning Policy Framework, amounting to an 'inappropriate' form of development in the Green Belt. The increased massing overall would result in harm to the openness of the Green Belt, contrary to one of the purposes of including land within the Green Belt. Inappropriate development is, by definition, harmful. The harm has not been clearly outweighed by other considerations so Very Special Circumstances do not exist. The proposal is therefore contrary to paragraph 153 of the National Planning Policy Framework and subsequently Policy SWDP2 of the South Worcestershire Development Plan (2016). |
| Overall, the replacement dwelling would be disproportionately larger than the existing dwelling, and it would also increase the footprint of the existing property by more than 30%. Therefore, the replacement dwelling would be contrary to policy SWDP 18(a)(iii) and subsequently SWDP2 of the South Worcestershire Development Plan (2016). The principle of the replacement dwelling is therefore not established. |
| In the absence of a legal agreement to secure the dwelling as a self and custom build dwelling, the development is not exempt from biodiversity net gain requirements under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). Nevertheless, the development proposes significant off-site biodiversity enhancements which would need to be secured via a legal agreement. There is no indication that the applicant would agree to enter into such legal agreement. The submitted biodiversity net gain enhancements therefore cannot be effectively secured. Equally, the on-site habitat baseline doesn't show any site clearance which has occurred since 30th January 2022, making it unclear as to whether the habitat enhancements are sufficient. The development subsequently fails to make appropriate provision for biodiversity gain and would have an adverse effect on biodiversity. Accordingly, it would conflict with the aims of policy SWDP22 of the South Worcestershire Development Plan (2016), the relevant aims and objectives of the National Planning Policy Framework, and Schedule 7A of the Town and Country Planning Act 1990. |
| The brick built garage which is proposed for demolition has the potential to affect a bat roost due to the condition of the building and its tiled roof and proximity to foraging habitat in the form of trees, particularly as it is in and area where there are known bats nearby. In the absence of further bat surveys, the submission does not demonstrate that it would not harm bats. Similarly, the site is near a pond and the site includes refuges, such as grassland, scrub, and hedgerows, with no obvious barriers to prevent Great Crested Newts dispersing into the site and wider environment. Insufficient information has been submitted to demonstrate how the development avoids or mitigates harm to Great Crested Newts. Consequently, the effect of the proposal could have a harmful effect on protected species. This would conflict with Policy SWDP22 of the South Worcestershire Development Plan (2016), together with Chapter 15 of the National Planning Policy Framework. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information following receipt of the application and by seeking amendments to the proposed development following receipt of the application. 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. |
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’.
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 |
|---|---|---|
| Saddlestone House Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 15/05/2025 | |
| Stable Cottage Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 14/05/2025 | |
| Barn 1 Newland Farm Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 10/05/2025 | |
| Bridle Mews Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 16/05/2025 | |
| Hunters Mews Cottage Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 17/05/2025 | |
| Barn 2 Newland Farm Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 12/05/2025 | |
| Brownheath House Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 15/05/2025 | |
| Ex owner of Pinfield House Brown Heath Lane Droitwich WR9 7JF | 14/05/2025 | |
| Newland Farm Brown Heath Lane Martin Hussingtree DROITWICH SPA WR9 7JF | 13/05/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Aidan Smyth | WDC - Archaeology & Planning Advisor | 06/05/2025 | 27/05/2025 | |
| Cllr Daniel Birch | North Claines & Salwarpe Ward | 06/05/2025 | 27/05/2025 | |
| Cllr Nicolas Wright | North Claines & Salwarpe Ward | 06/05/2025 | 27/05/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 06/05/2025 | 27/05/2025 | 13/05/2025 |
| Environment Agency | West Area Planning | 06/05/2025 | 27/05/2025 | |
| Highways | County Highways | 06/05/2025 | 27/05/2025 | |
| Mrs E Gallagher | Salwarpe Parish Council | 06/05/2025 | 27/05/2025 | 19/05/2025 |
| Mrs E Marshall | Landscape Officer | 06/05/2025 | 27/05/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 06/05/2025 | 27/05/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 06/05/2025 | 27/05/2025 | |
| Worcestershire County Council (Public Paths) | 06/05/2025 | 27/05/2025 | 09/05/2025 |
Constraints List
| Constraints List |
| Paper: Droitwich Advertiser - Thursday |
| SWDP 5: Protect and Restore |
| Green Belt |
| Outside SWDP Development Boundary |
| PD Rights Removed may apply: W/03/00960/CU - Newland Farm, Brown Heath Lane, Newland, Droitwich, WR9 7JF |
| CIL008 - Non-Urban Area |
| 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: Greenbelt |
| Public Right of Way: Type- Footpath. Path No- SA-526 C |
| Public Right of Way: Type- Footpath. Path No- SA-529 C |
| Appeals Information | |
| Number | W/25/00931/FUL |
| PINS Appeal Ref | 6008404 |
| Method | Written Procedure |
| Start date | 22/04/2026 |
| LPA Final Comments Due | 12/06/2026 |
| Interested Party Comments Due | 29/05/2026 |
| Inquiry Date | |
| Venue | |
| Decision | |
| Issue Date | |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6008404
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’.
Follow us on...
