| Application Number | W/26/00538/GPMAE |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid09/03/2026 -
Consultation
End09/04/2026 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date30/04/2026 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/26/00538/GPMAE |
| Location Address | Merrybrook Equestrian Centre Haselor Lane Charlton Evesham WR11 2QZ |
| Proposal | Notification for prior approval for a proposed change of use of a building from commercial (Class B1(a), (b) and (c)) to 6no. dwellinghouses (Class C3) including new fenestration and internal alterations |
| Status | Refusal |
| Application Type | GPMAE - Commercial, Business and Services uses to Dwellinghouses |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 09/03/2026 |
| Application Valid Date | 09/03/2026 |
| Consultation Start Date | 19/03/2026 |
| Site Visited / Site Notice Date | |
| Consultation End | 09/04/2026 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 30/04/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Victoria Kempton |
| Parish | Charlton |
| Ward | Fladbury Ward |
| Applicant | Mr Robert Powell |
| Agent | Mr Neil Pearce, Avon Planning Services Limited |
| Agent Address | 105 High Street Evesham Worcestershire WR11 4EB |
| Condition Details / Information Notes |
| Part of the building subject of this application is operating without the granting of consent so is therefore unlawful. As this use is in connection with the proposals, paragraph 3(5) of The Town and Country Planning (General Permitted Development) Order 2015, as amended, removes permitted development rights granted by Schedule 2. The development is therefore not permitted. |
| The ‘Proposed Osmap Location Plan’ includes a large area externally to form part of the proposed change of use. When considering the physical layout of the building and external areas, size of the external area forming part of this change of use proposal and evident functional relationship of the building to the external areas, insufficient information has been submitted to confirm that the external areas forming part of this application forms the curtilage of the building. Therefore, the proposed change of use exceeds the scope of development allowed by Schedule 2, Part 3, Class MA of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) which is limited to a change of use of a building and any land within its curtilage. |
| Class MA is limited to changes of use, excluding operations required to facilitate the change of use. External landscaping works are proposed which include (but are not limited to) the provision of a cycle and refuse store. Parking bays are also proposed in some areas where there are currently no hard landscaping works while it is proposed to manage surface water flood risk through the removal of hard surfaces in place of soft landscaping, and the potential addition of soakaways. Such works would amount to building and engineering works, requiring a separate permission. The proposals would not therefore qualify as permitted development under Class MA of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). |
| In the absence of any flood depth data regarding the area at risk of surface water flooding to the south of the building which affects the access to units 2 and 3, insufficient information has been submitted to confirm that the development would provide safe access and escape routes to those units, contrary to paragraph 181(e) of the National Planning Policy Framework. The proposal therefore is not suitable having regard to flooding risks in relation to the application building, failing to satisfy condition MA.2(2)(c) of The Town and Country Planning (General Permitted Development) Order 2015, as amended. |
| In the absence of complete floor plans for units 3, 4, 5 and 6, Officers cannot confirm that there would be adequate natural light in all habitable rooms. Insufficient information has therefore been submitted to confirm compliance with condition MA.2(2)(f) of the Town and Country Planning (General Permitted Development) Order 2015, as amended. For the same reason, insufficient information has been submitted to confirm compliance with Article 3(9A) which requires new dwellings to comply with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015. |
| 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 offer 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 the Town and Country Planning (General Permitted Development) Order 2015, as amended. 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. Despite the Council’s efforts, it is considered that the current planning application should be refused for the reasons set out in the decision notice. The applicant is encouraged to seek pre-application advice prior to the submission of any further formal planning application. |
| The decision has been based on the following plans: • Osmap Location Plan 01 dated September 2025; • Proposed Osmap Location Plan 02 dated September 2025; • Proposed Plans [Proposed Ground Floor Plan] 101 dated September 2025; • Proposed Elevations 102 dated September 2025 solely in so far as it relates to the outline section; • Proposed Plan [Part Floor Plans] 103 dated September 2025; • Proposed Cycle and Bin Storage 104 dated September 2025. |
| The description references the installation of new fenestration. The scope of this Class MA application is limited to a change of use and such operations are not permitted by this application. |
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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 |
|---|---|---|
| 22 Heathfield Road Norton EVESHAM WR11 4TQ | 30/03/2026 | |
| The Civic Centre Queen Elizabeth Drive PERSHORE WR10 1PT | 18/03/2026 | |
| The Civic Centre Queen Elizabeth Drive PERSHORE WR10 1PT | 27/03/2026 | |
| The Civic Centre Queen Elizabeth Drive PERSHORE WR10 1PT | 20/04/2026 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cadent (National Transmission System) | Cadent (National Transmission System) | 11/03/2026 | 01/04/2026 | |
| Cllr Angie Crump | Fladbury Ward | 11/03/2026 | 01/04/2026 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 11/03/2026 | 01/04/2026 | |
| Highways | County Highways | 11/03/2026 | 01/04/2026 | |
| Jonathan Brierley | Open Spaces Society | 11/03/2026 | 01/04/2026 | |
| Mrs W Cope | Charlton Parish Council | 11/03/2026 | 01/04/2026 | |
| Ramblers Head Office | The Ramblers' Association (Worcestershire Area) | 11/03/2026 | 01/04/2026 | |
| The British Horse Society | British Horse Society | 11/03/2026 | 01/04/2026 | |
| WDC Natural Heritage & Biodiversity Officer | WDC Natural Heritage & Biodiversity | 11/03/2026 | 01/04/2026 | |
| Worcestershire County Council (Public Paths) | 11/03/2026 | 01/04/2026 | ||
| Worcestershire Regulatory Services - Cont. Land | Worcestershire Regulatory Services | 11/03/2026 | 01/04/2026 | |
| National Grid UK Gas Distribution | 19/03/2026 | 09/04/2026 |
Constraints List
| Constraints List |
| SWDP 15: Designated Rural Areas |
| PD Rights Removed may apply: W/96/00977/RM - LAND AT MERRYBROOK, EQUESTRIAN CENTRE, HASELOR LANE, HINTON ON THE GREEN, EVESHAM, WORCS |
| SWDP 5: Protect and Enhance |
| Paper: Evesham Journal - Thursday |
| Bridleway: Type- Bridleway. Path No- CN-521 C. |
| Overhead Lines (within 100m) |
| CIL008 - Non-Urban Area |
| Public Right of Way: Type- Bridleway. Path No- CN-521 C |
| Section 52 Agreement |
| Section 106 Agreement |
| Landfill Consultation |
| Surface Water: High 1 in 30 extent |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: Low 1 in 1000 extent |
| Outside SWDP Development Boundary |
| Wind Turbines |
| Policy Case ELA - 19-02. Merrybrook Equestrian Centre, Haselor Lane, Charlton, Evesham, WR11 2QZ. Change of use of indoor riding school to fire testing burn room, training office, assembly, store and rest room. Alteration of North elevation to include flue. (retrospective). Complete. |
| Policy Case HLA - PAR/19/20/HOU. Merrybrook Equestrian Centre, Haselor Lane, Charlton, Evesham, WR11 2QZ. TIED TO EQUEST. Affordable. Small windfall (HLA only) |
| Tower (within 100m) |
| Historic Landfill Consultation (within 250m) |
| Site of Special Scientific Interest |
| No associated appeals |
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