| Application Number | W/26/00198/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid28/01/2026 -
Consultation
End05/03/2026 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date15/04/2026 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/26/00198/FUL |
| Location Address | The Timber Yard Crabbe Lane Wadborough Worcester WR8 9HF |
| Proposal | Demolition of existing buildings and erection of one live/ work unit (Variation of condition 2 (approved plans) Ref. W/22/02124/FUL) to allow changes to design and layout |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 27/01/2026 |
| Application Valid Date | 28/01/2026 |
| Consultation Start Date | 02/02/2026 |
| Site Visited / Site Notice Date | |
| Consultation End | 05/03/2026 |
| Advert Expiry | 05/03/2026 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 15/04/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Victoria Kempton |
| Parish | Drakes Broughton and Wadborough |
| Ward | Drakes Broughton, Norton & Whittington Ward |
| Applicant | Mr P Butler |
| Agent | Mr Stuart Rackham, Rackham Planning Ltd |
| Agent Address | 2430/2440 The Quadrant Aztec West Bristol BS32 4AQ |
| Condition Details / Information Notes |
| This application has been submitted as an: “Application for Removal or Variation of a Condition following Grant of Planning Permission”, with the level of detail submitted being commensurate with this application type, facilitating validation. Section 73 is for the determination of applications to develop land without compliance with conditions previously attached. Section 73(4) of the Town and Country Planning Act 1990 states: "This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun". There are several instances where pre-commencement conditions on W/22/02124/FUL have not been fully discharged, including conditions relating the contamination and tree protection, and these may go to the heart of the permission. Per condition 1 of W/22/02124/FUL, the approval expired after three years from 20 February 2023. Therefore, in the absence of a Lawful Development Certificate to confirm that the development for a live work unit under reference: W/22/02124/FUL, was lawfully implemented, there is no compelling evidence to confirm that the original permission is extant. In the absence of substantive evidence to the contrary to indicate that the development has been lawfully implemented, section 73 does not apply and it is therefore not possible to vary or remove a condition attached to the permission which is now beyond the time limits for implementation. For the same reasons, it is considered that insufficient information has been submitted to assess the development under Section 73A(2)(C) of the Town and Country Planning Act 1990 which his for non compliance with some condition subject to which planning permission was granted. Insufficient information has therefore been submitted to assess the development in line with Sections 73 or 73A of the Town and County Planning Act as submitted. |
| Given the nature of the refusal reason, it has not been deemed appropriate for officers to assess the merits of the scheme. However, in the interest of completeness, without prejudice to the refusal reason listed, were officers satisfied that the 2022 approval was lawfully implemented, this application would have been refused for the following reasons: 1. The scale of the building is not appropriate within the rural location, contrary to policy SWDPR 15C(iii). The development increases the size of the ‘live’ element, above the floor area which was previously approved, bringing into conflict Policy SWDPR 15C(v) of the South Worcestershire Development Plan Review. With the increased workspace area, insufficient evidence has been submitted to demonstrate that the work element relates to an economically viable business, contrary to policies SWDPR 15C(ii) and SWDPR 15C(x) of the South Worcestershire Development Plan Review. The principle of the development would therefore not be established by policy SWDPR 03. 2. The amended scheme increases the scale and of the proposed development. This in combination with the amendments which domesticate the building, which is also uncharacteristic of the surrounding locality, would give the building a dominating visual appearance which detracts from the site’s rural setting. The proposed development is therefore assessed to be contrary to policies SWDRP 05 and SWDPR 28 of the South Worcestershire Development Plan Review. 3. No information has been submitted regarding the 1.5m head height line has been submitted and the proposed amendments change the internal layout. However, using the elevations, Officers assess that bedroom three would have a width no greater than 1.7 metres when estimating the 1.5 meter head height area. This fails to comply with the Nationally Described Space Standards which are adopted by policy SWDPR 28 of the South Worcestershire Development Plan Review. There is no reason to demonstrate why meeting this standard would be unfeasible. |
| 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. Unfortunately, the submitted application is not considered to accord with policy. As a result, the Council has been unable to seek solutions to problems arising from this application as the amendments and additional information required to make the application acceptable are substantial and would be required to be submitted as a new planning application. It is considered that the current planning application should be refused for the reason set out in the decision notice. The applicant is encouraged to submit a lawful development certificate regarding the implementation of the 2022 application and, following this, seek pre-application advice prior to the submission of any further formal planning application. |
| This decision notice relates to the following drawing numbers: • Proposed site plan B12208 01B dated January 2026, • Proposed Floor Plans B12208 02B dated January 2026, • Proposed Elevations B12208 03B dated January 2026, • Live unit, link & work unit roof plan B12208 04B dated January 2026. |
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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 |
|---|---|---|---|---|
| Aidan Smyth | WDC - Archaeology & Planning Advisor | 02/02/2026 | 23/02/2026 | |
| Cllr Liz Turier | Drakes Broughton, Norton & Whittington Ward | 02/02/2026 | 23/02/2026 | |
| Cllr Rob Adams | Drakes Broughton, Norton & Whittington Ward | 02/02/2026 | 23/02/2026 | |
| Danielle Lyons | Drakes Broughton & Wadborough Parish Council | 02/02/2026 | 23/02/2026 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 02/02/2026 | 23/02/2026 | |
| Highways | County Highways | 02/02/2026 | 23/02/2026 | |
| Mrs E Marshall | Landscape Officer | 02/02/2026 | 23/02/2026 | |
| Tree Preservation Officer | Tree Preservation Officer | 02/02/2026 | 23/02/2026 | |
| WCC LLFA Planning Consultation | WCC Lead Local Flood Authority | 02/02/2026 | 23/02/2026 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 02/02/2026 | 23/02/2026 | |
| Worcestershire County Council (Public Paths) | 02/02/2026 | 23/02/2026 | ||
| Worcestershire Regulatory Services - Cont. Land | Worcestershire Regulatory Services | 02/02/2026 | 23/02/2026 |
Constraints List
| Constraints List |
| Paper: Evesham Journal - Thursday |
| CIL008 - Non-Urban Area |
| Contaminated Land |
| Outside SWDP Development Boundary |
| Public Right of Way: Type- Footpath. Path No- DB-619 C |
| Surface Water: High 1 in 30 extent |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: Low 1 in 1000 extent |
| Tree Preservation Order - TPO/W/31/66/001/TPO |
| Wind Turbines |
| Policy Case ELA - WDC/291/EMP. The Timber Yard, Crabbe Lane, Wadborough, Worcestershire, WR8 9HF. Demolition of existing buildings and erection of one live/ work unit . Under Construction. |
| Policy Case HLA - WDC/567/HOU. The Timber Yard, Crabbe Lane, Wadborough, Worcestershire, WR8 9HF. Demolition of existing buildings and erection of one live/ work unit . Open Market. Small windfall (HLA only) |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Enhance |
| Neighbourhood Plan: NPA Boundaries - Drakes Broughton and Wadborough with Pirton. Adopted: 26/04/2017 |
| Minor Aquifer |
| No associated appeals |
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