Application Number W/25/01992/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    17/09/2025
  • Consultation
    End
    06/11/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    02/04/2026
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number W/25/01992/FUL
Location Address Land Adjacent Barlwych Cottage Hill Furze Fladbury
Proposal Demolition of an existing building (Barn A) which has extant planning permission (W/19/01058/FUL) for residential reuse and the erection of a new replacement building for residential use.
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 17/09/2025
Application Valid Date 17/09/2025
Consultation Start Date 18/09/2025
Site Visited / Site Notice Date
Consultation End 06/11/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 02/04/2026

Further Information
Expected Decision Level Delegated
Case Officer Charlotte Barry
Parish Hill and Moor
Ward Pinvin Ward
Applicant Mr Rob Newman
Agent Mr Neil Pearce, Avon Planning Services Limited
Agent Address 105 High Street Evesham WR11 4EB

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents – 1256 24 01R Location Plan 1256 24 07R Proposed Layout Unit A (Proposed Elevations) 1256 24 06R Proposed Layout Unit A 1256 24 08R Units A and B viewed from west 1256 24 07R Proposed Layout Unit A (Proposed Bin Store) 1256 24 03R Proposed Site Plan Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Countryside Consultants Ltd Bat Survey dated October 2019 and the subsequent report carried out by Michelle Young dated August 2025 which accompanies this application. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
Prior to its/ their installation as part of the development hereby approved, details of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted have been submitted to and approved in writing by the local planning authority. The details to be submitted shall include:- - type, colour, texture, size, coursing, finish, jointing and pointing of brickwork/stonework; - type, colour, texture, size and design of roofing materials; - detailed specification of the timber cladding, showing the dimensions, profile and a description of the stain or paint finish to be applied to the boarding; - details of the approved rooflights, including design, materials and profile; - details of any external vents, ventilation slits, extracts and chimney flues including information on specification and colour; - type, colour, size and design of windows and doors. The development shall be carried out using the materials as approved. Reason: To ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The Development hereby approved shall not be occupied until the access, turning area and parking facilities shown on Drawing 1256 24 03R have been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. Reason: In the interests of highways safety and to ensure the free flow of traffic using the adjoining highway, in accordance with Policy SWDP4 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The development hereby permitted shall not be occupied/first used until full details of all foul and surface water drainage systems to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter. Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment and to ensure the proposed development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
The Development hereby approved shall not be occupied until sheltered and secure cycle parking as generally shown on Drawing 1256 24 07R has been provided. Thereafter, the approved cycle parking shall be kept available for the parking of bicycles only. Reason: To comply with the Council’s parking standards, in accordance with the Worcestershire Streetscape Design Guide, Policy SWDP4 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
Unless otherwise agreed by the Local Planning Authority development, other than that required to be carried out as part of an approved scheme of remediation, development must not commence until conditions 1 to 6 have been complied with: 1. A preliminary risk assessment must be carried out. This study shall take the form of a Phase I desk study and site walkover and shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and any other relevant information. The preliminary risk assessment report shall contain a diagrammatical representation (conceptual model) based on the information above and shall include all potential contaminants, sources and receptors to determine whether a site investigation is required and this should be detailed in a report supplied to the Local Planning Authority. The risk assessment must be approved in writing before any development takes place. 2. Where an unacceptable risk is identified a scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken. The scheme must be designed to assess the nature and extent of any contamination and must be led by the findings of the preliminary risk assessment. The investigation and risk assessment scheme must be compiled by competent persons and must be designed in accordance with the Environment Agency's "Land Contamination: Risk Management" guidance. 3. Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with the Environment Agency's "Land Contamination: Risk Management" guidance. 4. Where identified as necessary a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 5. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. 6. Following the completion of the measures identified in the approved remediation scheme a validation report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings. 7. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where necessary a remediation scheme must be prepared, these will be subject to the approval of the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme a validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority prior to the occupation of any buildings. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy SWDP31 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
Before the commencement of development hereby permitted, details of renewable and/or low carbon energy generation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures shall contribute to at least 10% of the predicted energy requirements of the development. The details to be submitted shall include:- - the overall predicted energy requirements of the approved development; - the predicted energy generation from the proposed renewable/low carbon energy measures; and - an implementation timetable for the proposed measures. The development shall be carried out in accordance with the approved details. Reason: To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with policy SWDP27 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
Before the development hereby permitted is first occupied/used, details of any external lighting to be provided in association with the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall include times when the external lighting will not be switched on. Only external lighting in accordance with approved details shall be provided on the application site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no other external lighting provided on the application site. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
(A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1) The programme and methodology of site investigation and recording. 2) The programme for post investigation assessment. 3) Provision to be made for analysis of the site investigation and recording. 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation. 5) Provision to be made for archive deposition of the analysis and records of the site investigation. 6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. (B) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 207 and 218 of the National Planning Policy Framework.
The applicants attention is drawn to the existence of an agreement made under Section 106 of the Town and Country Planning Act 1990 (as amended), and the restrictions imposed therein.
Positive and Proactive Statement. No problems have arisen in dealing with this application. The planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations. No amendments or alterations were therefore required and no further positive or proactive action was deemed necessary.
Prior to adoption of the South Worcestershire Development Plan Review (SWDPR), the Local Planning Authority had reached a decision to grant planning permission for this development subject to completion of a Section 106 agreement. A delegated decision to grant permission was made on: 3rd November 2025 Formal instructions to prepare the Section 106 agreement were issued to Legal Services on: 3rd November 2025. Evidence of these instructions is recorded on the case file. The SWDPR was subsequently adopted on: 26th March 2026. This represents a material change in the development plan. In accordance with the principles set out in R (Kides) v South Cambridgeshire DC [2002], the Local Planning Authority has considered whether adoption of the SWDPR is capable of materially affecting the earlier planning judgement. Officers acknowledge that the adoption of the SWDPR represents a material change in the development plan and that the Council is now able to demonstrate a five-year housing land supply. However, the Local Planning Authority had already reached a clear planning judgement to grant permission prior to adoption. The relevant question is not whether the proposal would necessarily be approved if determined afresh under the new development plan, but whether the policy change is capable of fundamentally undermining the earlier decision. Having reviewed the adopted SWDPR policies in that context, officers conclude that the policy change does not materially undermine the planning judgement previously reached. The decision notice may therefore be issued following completion of the Section 106 agreement. Permissions issued under this transitional approach reflect the procedural stage the application had reached at the point the SWDPR was adopted and do not set a precedent for future decision-making under the SWDPR.

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision

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
Well Cottage May Tree Road Lower Moor PERSHORE WR10 2NY 31/10/2025
Barlwych Cottage Hill Furze Fladbury PERSHORE WR10 2NB 18/09/2025
Hill Furze Farm Hill Furze Fladbury PERSHORE WR10 2NB 18/09/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth WDC - Archaeology & Planning Advisor 18/09/2025 09/10/2025
Cllr Elizabeth Tucker Pinvin Ward 18/09/2025 09/10/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 18/09/2025 09/10/2025
Highways County Highways 18/09/2025 09/10/2025
Ms C Hirst Hill & Moor Parish Council 18/09/2025 09/10/2025
WDC Natural Heritage & Biodiversity Officer WDC Natural Heritage & Biodiversity 18/09/2025 09/10/2025
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 18/09/2025 09/10/2025

Constraints List


Constraints List
Paper: Evesham Journal - Thursday
CIL008 - Non-Urban Area
Outside SWDP Development Boundary
Surface Water: High 1 in 30 extent
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Wind Turbines
Policy Case HLA - WDC/339/HOU. Land Adjacent, Barlwych Cottage, Hill Furze, Fladbury, WR10 2NB. Conversion of existing former transport haulage buildings into 1 No. 2 bedroom dwelling and 2 No. 3 bedroom dwellings and the erection of a new self-build live/work unit together with ancillary works. Open Market. Small windfall (HLA only)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
PD Rights Removed may apply: W/08/00383/PP - Cherry Orchard, Hill Furze, Fladbury, Pershore, WR10 2NB
No associated appeals