| Application Number | W/25/01085/GPDQ |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid20/05/2025 -
Consultation
End26/06/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date14/07/2025 -
Appeal
Started06/08/2025 -
Appeal
DecisionAllowed
| Summary | |
| Application Number | W/25/01085/GPDQ |
| Location Address | Torton Farm Droitwich Road Torton Hartlebury DY10 4HU |
| Proposal | Notification for prior approval for the proposed change of use of an agricultural building to 1 dwelling and associated operational development |
| Status | Refusal |
| Application Type | GPDQ - agricultural to C3 dwellinghouse |
| Appeal Decision | Allowed |
| Important Dates | |
| Application Received Date | 20/05/2025 |
| Application Valid Date | 20/05/2025 |
| Consultation Start Date | 21/05/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 26/06/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 14/07/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Karen Wightman (Mrs) |
| Parish | Hartlebury |
| Ward | Hartlebury Ward |
| Applicant | Mr Chris Hurst |
| 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 |
| Due, to the lack of agricultural activities on site and the failure of the applicant to provide a sufficient level of information and detail on the established agricultural unit, following the separation of the building from the main farmyard after the conversion of the barns to residential use, subject to the granting of planning permission references 89/00172, 91/1540 and 93/01435, the applicant has failed to demonstrate that the site is part of an established agricultural unit. As such, there is not sufficient evidence to demonstrate that the building did form part of an established agricultural unit on the 20 March 2013 and is not permitted development under the criteria of paragraph Q.1 (a) (i) (ii). |
| To comply with the criterion the existing building must be able to demonstrate that it is already capable of conversion and due to its existing appearance and condition, it is such that the building would not be of a solid construction that would easily allow its conversion to a dwellinghouse without substantial building works. In this case the applicant has failed to provide a sufficient level of information on the extent of the existing fabric that would be retained, the extent of building works and new materials that would be required. However, notwithstanding the lack of information provided by the applicant, due to the recommendations within the Structural Inspection Report carried out by Shire and submitted with this application substantial weight is given to the fact that all the asbestos cement roof cladding would be replaced and the existing corrugated iron cladding to all walls of the building would be replaced with a new perimeter outer wall cladding to be constructed to comply with Building Regulations Parts A and L. As such, this would result in a substantial loss of the existing fabric that would go beyond more than partial demolition and the construction of all new walls and roof cladding to support the new dwelling to building regulations standards, would go beyond reasonably necessary and would require extensive building works that would go beyond the threshold of conversion and would constitute a rebuild. 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 building 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 rudimentary and lightweight construction of the building, it would require an extensive overhaul that would go beyond more than partial demolition and substantial building works that would go beyond the remit of what would be reasonably necessary for the proposed conversion. Therefore, 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). |
| The applicant should be aware that the application was determined on the following refused drawings - Site Location Plan, 25.06.03 A, 25.06.04 A. |
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 |
|---|---|---|
| 65 Ombersley Street East DROITWICH SPA WR9 8QS | 10/06/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Antony Hartley | Hartlebury Ward | 21/05/2025 | 11/06/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 21/05/2025 | 11/06/2025 | |
| Highways | County Highways | 21/05/2025 | 11/06/2025 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 21/05/2025 | 11/06/2025 | |
| Worcestershire Regulatory Services - Air Quality | Worcestershire Regulatory Services | 21/05/2025 | 11/06/2025 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 21/05/2025 | 11/06/2025 |
Constraints List
| Constraints List |
| Paper: Droitwich Advertiser - Thursday |
| Major Aquifer |
| CIL008 - Non-Urban Area |
| Green Belt |
| Outside SWDP Development Boundary |
| Paper: Kidderminster Shuttle - Thursday |
| Source Protection Zone 3 |
| Wind Turbines |
| SWDP 15: Designated Rural Areas |
| SWDP 2: Greenbelt |
| SWDP 5: Protect and Enhance |
| SWDP 5: Protect and Restore |
| Public Right of Way: Type- Footpath. Path No- HR-515 C |
| Appeals Information | |
| Number | W/25/01085/GPDQ |
| PINS Appeal Ref | 6000481 |
| Method | Written Procedure |
| Start date | 06/08/2025 |
| LPA Final Comments Due | 25/09/2025 |
| Interested Party Comments Due | 11/09/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Allowed |
| Issue Date | 03/12/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6000481
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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