Application Number 21/01670/FUL
Status Application Refused

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Application Number 21/01670/FUL
Location Address Lakeside Barn Charlton Lane Torton Hartlebury DY11 7SD
Proposal Change of use of land and construction of 2no. Holiday Lets
Status Refusal
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 07/07/2021
Application Valid Date 20/10/2021
Consultation Start Date 20/10/2021
Site Visited / Site Notice Date 29/11/2021
Consultation End 22/11/2021
Advert Expiry 18/11/2021
Committee Date (if applicable)
Committee Agenda
Decision Date 14/12/2021

Further Information
Expected Decision Level Delegated
Case Officer Rebecca Bakewell
Parish Hartlebury
Ward Hartlebury Ward
Applicant Mrs K Humphreys
Agent Mrs K Humphreys
Agent Address Lakeside Barn Charlton Lane Torton Hartlebury DY11 7SD

Condition Details / Information Notes
The proposed new build holiday lets would constitute inappropriate development within the Green Belt. The Framework sets out that when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. The applicant has failed to demonstrate very special circumstances which would outweigh the harm to Green Belt by reason of inappropriateness and harm to the openness. As such, the proposal would fail to accord with policy SWDP2E of the South Worcestershire Development Plan and conflict with Chapter 13 of the National Planning Policy Framework 2021 (as amended).
The application site lies within an area of open countryside, where new development is strictly controlled in accordance with policy SWDP2 of the South Worcestershire Development Plan. Exceptions to this are listed at SWDP2C and includes development specifically permitted by other development plan policies. Policy SWDP35 sets out that permission for new visitor accommodation outside a development boundary, such as that proposed, will be permitted where specific criteria are met, none of which apply to the proposed development As such the proposed construction of visitor accommodation in this location would fail to accord with policies SWDP2 and SWDP35 of the South Worcestershire Development Plan.
The landscape type character for this site is determined to be Holt Fleet to Titton Principal Settled Farmlands. This is defined as: 'An area of soft rock sandstone with sandy, free draining soils and an intermediate rolling topography. The land use is arable, and the tree cover comprises thinly scattered hedgerow and streamside trees together with tree groups associated with settlements. The settlement pattern is one of farmsteads and strings of wayside dwellings associated with a moderate to high level of dispersal and small to medium scale field pattern'. Landscape Guidelines for this landscape advice that development ‘maintains the historic dispersed settlement pattern. However, pressure of new development is threatening this settlement pattern. The proposed development would create a further concentration of built form within the site so would not help with maintaining a dispersed settlement. Moreover, a key characteristic of these landscape character types is the dwellings are predominantly brick. Whilst the proposed development is not for a dwelling it is still important that the materials used integrate with and are appropriate to the surrounding environment. The proposal fails to take into account the latest LCA and its guidelines. It would not be appropriate to, or integrate with, the character of the rural landscape setting. The proposal is therefore, considered to be contrary to Policy SWDP25 of the South Worcestershire Development Plan 2016.
The site is located within the Hartlebury Conservation Area and within a Grade II Listed park and garden of Hartlebury Castle. The site is currently grassland located next to large ponds and an ordinary watercourse that contribute towards the historic environment. The only other existing built form on the site is Lakeside Barn, a converted traditional brick agricultural building that now forms the main residence and an existing oak framed outbuilding to the south of the property. Both the existing buildings on site are traditional brick buildings. The proposed holiday lets would be of a modern construction. Whilst the site is relatively well screened from public vantage points the materials and modern design proposed would not reflect the materials typical of the Hartlebury Conservation Area. Introducing new built form and a modern addition to this part of the site would not integrate with the surrounding park and garden which is characterised in this part by a traditional brick buildings and surrounding natural and open landscape. The new holiday lets would appear visible within the park and gardens and consequently would detract from the historic landscape. The proposal would amount to less than substantial harm to the designated heritage asset of the park and garden. In accordance with paragraph 202 of the NPPF this requires the harm of the development to be weighed against the public benefit. In this case, whilst it is recognised that there would be some economic benefits this is not seen to outweigh the harm the listed park and garden. Notwithstanding the above, there has been no heritage statement provided within this application to describe the significance of the heritage assets impacted upon by the proposed development. The proposal would fail to enhance the conservation area and so would be contrary to paragraph 206 of the NPPF. The proposal would also be contrary to paragraph 194 of the NPPF as no heritage statement has been provided to outline the significance of the affected heritage assets in order to understand the potential impact the proposal could pose on their significance. Additionally, the proposed development would conflict with paragraphs 199 and 202 of the NPPF and Policies SWDP 6 and SWDP24 of the South Worcestershire Development Plan 2016 (SWDP) as the proposal would fail to conserve and enhance the listed park and gardens or demonstrate that the public benefit could outweigh this harm.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - seeking further information following receipt of the application; - considering the imposition of conditions 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 paragraph 38 of the NPPF.  Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above.
Drawing no/s: 20-3712/01 Existing Site Plan 1:200, 1:1250@A2 20-3712/02 Proposed Floorplans and Elevations 1:50, 1:100@A2 20-3712/03 Proposed Site Plan 1:200, 1:1250@A2

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Statutory Consultee Response
System Generated Letter

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 20/10/2021 10/11/2021 21/10/2021
Cllr Stephen Bateman Hartlebury Ward 20/10/2021 10/11/2021
Conservation Officer Conservation Officer 20/10/2021 10/11/2021 13/12/2021
Drainage Engineer Engineers 20/10/2021 10/11/2021 12/11/2021
Environment Agency West Area Planning 20/10/2021 10/11/2021
Highways County Highways 20/10/2021 10/11/2021 10/11/2021
Lesley Cleaver Hartlebury Parish Council 20/10/2021 10/11/2021 08/11/2021
Matt Baker MHDC & WDC Carbon Reduction Project Officer 20/10/2021 10/11/2021
Miss Rhiannon Thomas Severn Trent Water Ltd 20/10/2021 10/11/2021
Mr S Bloomfield Worcestershire Wildlife Trust 20/10/2021 10/11/2021
Mrs E Marshall Landscape Officer 20/10/2021 10/11/2021
Mrs S Hiscock Natural Heritage Officer 20/10/2021 10/11/2021
Ms R Foy Historic England 20/10/2021 10/11/2021
Sarah Soames WCC Lead Local Flood Authority 20/10/2021 10/11/2021
WDC - Legal Services Legal Services 20/10/2021 10/11/2021
Worcestershire Regulatory Services - Cont. Land Worcestershire Regulatory Services 20/10/2021 10/11/2021 23/10/2021

Constraints List

Constraints List
PD Rights Removed may apply: 18/00836/CU - Park Farm, Charlton Lane, Torton, Hartlebury
Major Aquifer
Paper: Droitwich Advertiser - Thursday
Paper: Kidderminster Shuttle - Thursday
CIL008 - Non-Urban Area
Affect setting: Hartlebury Conservation Area
Contaminated Land
Flood Zone 2: Medium
Flood Zone 3: High
Green Belt
Outside SWDP Development Boundary
Locally Listed Park & Garden. Grade NULL. HE REF: NULL. . LPG/07075
Park & Garden. Grade II. HE REF: 1000884. HARTLEBURY CASTLE. PG/1000884
Source Protection Zone 3
Local Wildlife Site
Surface Water: High 1 in 30 extent
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Wind Turbines
SWDP 6: Conservation Area
SWDP 15: Designated Rural Areas
SWDP 2: Greenbelt
SWDP 5: Protect and Enhance
SWDP 6: Historic Park and Garden
SWDP 22: Sites Of Regional Or Local Wildlife Importance
PD Rights Removed may apply: W/14/01313/CU - Park Farm, Charlton Lane, Torton, Hartlebury
No associated appeals