Application NumberW/16/02864/CU
StatusRefused

  • Application Details
  • Documents
  • Consultations
  • Map
  • Appeals
  • Application Details
  • Documents
  • Consultations
  • Map
  • Appeals

Planning Online Status

Application
Valid
Consultation
End
Committee
Meeting
Decision Decision
Date
Appeal
Started
Appeal
Decision
01/12/2016 05/01/2017 Refusal 01/02/2017 N/A N/A

Summary
Application NumberW/16/02864/CU
Location AddressThe Manor House, Lower End, Birlingham, Pershore, WR10 3AD
ProposalChange of use of land to equestrian to include construction of stabling block and access - as approved permission W/11/00443/CU but without compliance with condition no. 4 to allow the paddock and stable, or part thereof, to be used on non commercial terms, and condition 12 to allow the parking or storage of vehicles by the owners of the site.
StatusRefusal
Application TypeChange of use
Appeal DecisionN/A

Important Dates
Application Received Date01/12/2016
Application Valid Date01/12/2016
Consultation Start Date06/12/2016
Site Visited / Site Notice Date15/12/2016
Consultation End05/01/2017
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date01/02/2017

Further Information
Expected Decision LevelDelegated
Case OfficerVicky Stone
ParishBirlingham
WardEckington Ward
Applicant NameMr S Byrne
Agent NameMr D Holmes
Agent AddressThe Homestead Crown Street Harbury Leamington Spa CV33 9HE

Condition Details / Information Notes
Refused Drawing no/s: Location Plan
The proposed variation of condition 4 of planning permission W/11/00443/CU would result in the same outcome as the original condition (the stable shall only be used privately) but the condition would be less clear and not as precise. The proposed variation to condition 12 of the same permission, in essence seeks to change the use of the stable building to a garage for the stationing of domestic vehicles. This represents an amendment where its nature will result in a development which is substantially different from the one which has been approved. As such, a new planning application under section 70 of the Town and Country Planning Act 1990 will need to be submitted. Accordingly the proposed variation to the conditions would be contrary to guidance in paragraph 206 of the Framework and set out in the National Planning Practice Guidance.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice; - seeking further information 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 paragraphs 186 and 187 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 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 use iOS browsers (such as iPads) but 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 down load 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’.
 Document TypeDate PublishedDescriptionFile SizeDrawing/Rev Number

Group: Application Documents

  01. Application Form 06/12/2016  (304kb) -
  01. Application Form 12/12/2016PRESS ADVERT (88kb) -
  02. Supporting Information 06/12/2016STATEMENT OF SUPPORT (74kb) -
  02. Supporting Information 06/12/2016LETTER (167kb) -
  02. Supporting Information 15/12/2016AMENDED CONSULTEE LIST (51kb) -

Group: Plans

  04. Site/Location Plan 06/12/2016A4 LOCATION PLAN (227kb) -

Group: Representations

  08. Response - Neighbour 23/12/2016FLETCHER VS (151kb) -
  08. Response - Neighbour 05/01/20173 BRINDLEYPLACE (34kb) -
  08. Response - Neighbour 06/01/2017WALTER CLODE (29kb) -
  08. Response - Neighbour 06/01/2017CHRIS AND HERMON (1kb) -
  08. Response - Neighbour 06/01/2017KIRKLAND VS (53kb) -
  08. Response - Neighbour 06/01/2017C MATTHEWS (27kb) -
  08. Response - Neighbour 06/01/2017MRS HERMON - LETTER SUBMITTED FOR APPLICATION W/11/00443/CU (419kb) -
  08. Response - Neighbour 18/01/2017Chris & hermon (7kb) -
  09. Response - Consultee 09/12/2016WORCESTERSHIRE COUNTY COUNCIL (3kb) -
  09. Response - Consultee 09/12/2016WORCESTERSHIRE COUNTY COUNCIL MAP (347kb) -
  09. Response - Consultee 21/12/2016CONSERVATION OFFICERS COMMENTS (601kb) -
  09. Response - Consultee 21/12/2016RAMBLERS ASSOCIATION COMMENTS (1kb) -
  09. Response - Consultee 18/01/2017Birlingham Parish Council (71kb) -

Group: Decision

  12. Decision Notice 01/02/2017Decision Notice (189kb) -

Group: Discharge of Condition

  15. DoC Supporting Documents 01/02/2017Sit inspection notes (1598kb) -

Group:

  delegated report_W1602864CU.doc 01/02/2017Delegated Report (64kb) -

Note: some devices such as iPads that use iOS browsers, Do not have the capability to downloading multiple files as a default function. If you are experiencing difficulties you will require to down load a free application to able to do this , known as a zip file . Go to the AppStore to down load a zip file app. Single file downloads are not effected.

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.


NameAddressSentReply Received
Ms M KirklandPeacock Barn Lower End Birlingham Pershore WR10 3AD06/12/2016 
The Owner/OccupierPeacock Cottage Peacock Barn Lower End Birlingham WR10 3AD06/12/2016 
The Owner/OccupierThe Gardeners Cottage Berwick Lane Birlingham Pershore, Worcs WR10 3AD15/12/2016 
Birlingham Parish Council  18/01/2017

Consultee List


NameOrganisationSentReply DueReply Received
Cllr Ron DavisEckington Ward01/12/2016  
Mrs J HidenBirlingham Parish Council01/12/2016  
The Conservation OfficerThe Conservation Officer06/12/201627/12/2016 
Mr D CastleThe Ramblers' Association (Worcestershire Area)06/12/201627/12/2016 
Open Spaces SocietyOpen Spaces Society06/12/201627/12/2016 
Worcs Public pathWorcestershire County Council06/12/201627/12/2016 

Constraints List


Constraints List
Conservation Area
Flood Zone 2
Historic Flooding
Surface water (Low 1 in 1000)
Footpath (Boundary)
Affecting the Setting of Listed Building
No associated appeals

Document Download Tips

  • 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 use iOS browsers (such as iPads) but 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 down load 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’.

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.


Note: some devices such as iPads that use iOS browsers, Do not have the capability to downloading multiple files as a default function. If you are experiencing difficulties you will require to down load a free application to able to do this , known as a zip file . Go to the AppStore to down load a zip file app. Single file downloads are not effected.