| Application Number | W/22/00172/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid24/01/2022 -
Consultation
End24/02/2022 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date27/04/2022 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| 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 |
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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.
| 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 |
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