Application Number W/22/00172/FUL
Status Application Refused

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Application Number W/22/00172/FUL
Location Address The Old Kitchen Quarry Bank Hartlebury
Proposal Demolition of existing building (former kitchen to the New Elizabethan School) and erection of two-storey three-bedroom dwelling
Status Refusal
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 24/01/2022
Application Valid Date 24/01/2022
Consultation Start Date 26/01/2022
Site Visited / Site Notice Date
Consultation End 24/02/2022
Advert Expiry 24/02/2022
Committee Date (if applicable)
Committee Agenda
Decision Date 27/04/2022

Further Information
Expected Decision Level Delegated
Case Officer Rebecca Bakewell
Parish Hartlebury
Ward Hartlebury Ward
Applicant Phipps and Pritchard
Agent Ms Andrea Burton, Nick Joyce Architects Ltd
Agent Address 5 Barbourne Road Worcester WR1 1RS

Condition Details / Information Notes
The application site is outside of any designated development boundary, classifying the land as the open countryside, where it is subject to the restraint policy set out in South Worcestershire Development Plan policy SWDP2C and the objective of safeguarding the countryside set out in SWDP2A. No evidence has been submitted to show that the proposal would fall within any of the exceptions listed in SWDP2C, so that it conflicts with the development strategy set out in policy SWDP2. Notwithstanding this, the Council is able to demonstrate in excess of a 5 year housing land supply meaning that there is no immediate imperative need for windfall housing development outside of the development boundaries of the District's towns and villages.
The vehicle access to the proposed application site is privately owned unadopted road, narrow in width with limited passing places, meaning there is potential for more vehicle-to-vehicle conflicts. The track is also a well-used public footpath so there is also potential for further conflicts between vehicles and pedestrians. The addition of a further dwelling would only intensify these potential conflicts and therefore, is seen to present a risk to highway safety. The proposal is therefore, seen to conflict with policy SWDP 4 of the Development Plan and paragraphs 110 and 111 of the Framework as it would result in adverse impacts to highway safety.
In the absence of Heritage Statement the impact of the development upon the heritage asset of the Hartlebury Conservation Area, cannot be fully assessed. The proposal is therefore, seen as contrary to paragraph 194 of the National Planning Policy Framework which requires applicants to provide a heritage statement which should describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary.
In the absence of a S106 legal agreement, the development would fail to contribute towards meeting the need for affordable housing, contrary to Policy SWDP 15 B of the South Worcestershire Development Plan and the National Planning Policy Framework, including Paragraph 64.
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; - seeking amendments to the proposed development following receipt of the application; - considering the imposition of conditions and or the completion of a s.106 legal agreement 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: 2295/LOC LOCATION PLAN 1:1250@A3 2295/01A PLANS AND ELEVATIONS AS PROPOSED 1:100@A2 2295/02B SITE PLAN AS PROPOSED 1:100@A2 2295/03A BLOCK PLAN - PROPOSED 1:500@A3 2295/04 PROPOSED BAT HOUSE DETAILS 1:50@A2

Copyright Notice

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

Name Address Sent Reply Received
Adrian Jennings Hurdlands Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 13/02/2022
Jeanne frith West Gables Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 14/02/2022
Karen Bales Hartland House Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 13/02/2022
Paul Wilton The Old Grammar School Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 31/01/2022
Peter Turner Cropthorne Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 20/02/2022
Stuart Courier Tamarisk Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 11/02/2022
Laura Turner Cropthorne Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022 20/02/2022
Occupier 1 Garden House Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022
Occupier 2 Garden House Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022
Occupier The New Elizabethan School Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022
Occupier The Old Grammar School Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022
Stuart Courier Tamarisk Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022 31/01/2022
Virginia Wagstaff Red House Quarry Bank Hartlebury KIDDERMINSTER DY11 7TE 26/01/2022 16/02/2022

Consultee List

Name Organisation Sent Reply Due Reply Received
Aidan Smyth WDC Archaeology & Planning Advisor 26/01/2022 16/02/2022 21/02/2022
Cllr Stephen Bateman Hartlebury Ward 26/01/2022 16/02/2022
Conservation Officer Conservation Officer 26/01/2022 16/02/2022 27/04/2022
Drainage Engineer Engineers 26/01/2022 16/02/2022 04/02/2022
Highways County Highways 26/01/2022 16/02/2022 02/03/2022
Lesley Cleaver Hartlebury Parish Council 26/01/2022 16/02/2022 09/02/2022
Mrs S Hiscock Natural Heritage Officer 26/01/2022 16/02/2022 08/03/2022
Nick McGowan Tree Preservation Officer 26/01/2022 16/02/2022
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 26/01/2022 16/02/2022
Worcestershire County Council (Public Paths) 26/01/2022 16/02/2022 31/01/2022

Constraints List

Constraints List
Source Protection Zone 3
SWDP 6: Conservation Area
Tree Preservation Order - 45/97/001/TPO
Outside SWDP Development Boundary
SWDP 5: Protect and Enhance
SWDP 15: Designated Rural Areas
SWDP 2: Development Boundary
Wind Turbines
Paper: Droitwich Advertiser - Thursday
Paper: Kidderminster Shuttle - Thursday
PD Rights Removed may apply: W/12/01219/PN - Hurdlands, Quarry Bank, Hartlebury, Kidderminster, DY11 7TE
SWDP 5: Protect and Restore
PD Rights Removed may apply: W/99/01043/CU - The Old Grammar School, Quarry Bank, Hartlebury, Kidderminster, DY11 7TE
Major Aquifer
PD Rights Removed may apply: W/11/00829/PN - Hurdlands, Quarry Bank, Hartlebury, Kidderminster, DY11 7TE
CIL008 - Non-Urban Area
Affect setting: Hartlebury Conservation Area
Public Right of Way: Type- Footpath. Path No- HR-513 B
Surface Water: Low 1 in 1000 extent
No associated appeals