Application Number W/23/00020/FUL
Status Application Approved

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Application Number W/23/00020/FUL
Location Address Land At (OS 8415 7354) Worcester Road Summerfield Hartlebury
Proposal Formation of new site access to car storage area associated with car sales company
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 05/01/2023
Application Valid Date 28/02/2023
Consultation Start Date 28/02/2023
Site Visited / Site Notice Date
Consultation End 08/04/2023
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 26/07/2023

Further Information
Expected Decision Level Delegated
Case Officer Emma Burrow
Parish Hartlebury
Ward Hartlebury Ward - Pre 01/05/23
Applicant Mr Simon Rayner
Agent Mr John Thorne, Thorne Architecture Limited
Agent Address The Creative Industries Centre Wolverhampton Science Park Glaisher Drive WOLVERHAMPTON WV10 9TG

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents – 22075 - 1000 Rev A - 1:500 & 1:1250 Block and site plan 22075 - 1900 - 1:500 Proposed site plan 22075 - 1901 - 1:500 Existing and proposed sections Reason: To define the permission.
Development shall not begin until visibility splays are provided from a point of 1.05m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 120 metres in each direction measured along the nearside edge of the adjoining carriageway, to a vertical offset distance of 0.6m from the edge of the carriageway. Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above. Reason - In the interests of highway safety
The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with the approved plans listed in condition 2 above and these areas shall thereafter be retained and kept available for those uses at all times. Reason - In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.
The access from the existing site into the car sales area shall be closed up by the erection of a new fence as set out in the submitte Transport statement, within one month of the proposed new access first being brough in to use. Reason - To ensure the safe and free flow of traffic using the adjoining County highway.
The planting of the re-aligned hedge on the front boundary of the site, refrred to on drawing 22075 1000 Rev A - Location and Block Plan - shall be carried out in the first planting season following the first use of the development All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment. Any trees or plants that die, or  are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan 2016.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:-  seeking amendments to the proposed development 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.
Work should avoid disturbance to nesting birds. Nesting birds are protected under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000. The main nesting season lasts approximately from March to September, so work should take place outside these dates if at all possible. However, birds can nest at any time and the site should ideally be checked for their presence immediately before work starts.
The granting of this planning permission does not remove any obligations on the applicant to undertake a technical design check of the proposed highway works with the Highway Authority, nor does it confirm acceptance of the proposal by the Highway Authority until that design check process has been concluded. Upon the satisfactory completion of the technical check the design would be suitable to allow conditions imposed under this permission to be discharged but works to the public highway cannot take place until a legal agreement under Section 278 of the Highways Act 1980 has been entered into and the applicant has complied with the requirements of the Traffic Management Act 2004. The applicant is urged to engage with the Highway Authority as early as possible to ensure that the approval process is started in a timely manner to achieve delivery of the highway works in accordance with the above-mentioned conditions. The applicant should be aware of the term “highway works” being inclusive of, but not limited to, the proposed junction arrangement, street lighting, structures and any necessary traffic regulation orders.
No hedgerow removal or clearance works shall take place between the months of March and August (inclusive) or within the Nesting Bird Season. If it is necessary for work to commence in the nesting season, a pre-commencement inspection of the vegetation for active bird nests by a qualified ecologist shall be carried out and the results submitted to the Local Planning Authority for written approval prior to any works being undertaken. Reason: To ensure that no harm or injury is caused to any wild bird or its nest in accordance with the protection offered by the Wildlife and Countryside Act 1981 (as amended).

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.

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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
James John Henderson Harrison Summerlea Stanklyn Lane Summerfield Hartlebury KIDDERMINSTER DY11 7RY 28/02/2023 08/03/2023
Occupier 8 Worcester Road Summerfield KIDDERMINSTER DY11 7RF 28/02/2023
Occupier Assistants Flat Mare And Colt Beefeater Worcester Road Summerfield KIDDERMINSTER DY11 7RF 28/02/2023
Occupier Mare And Colt Beefeater Worcester Road Summerfield KIDDERMINSTER DY11 7RF 28/02/2023
Occupier S J Rayner (Cars) 8 Worcester Road Summerfield KIDDERMINSTER DY11 7RF 28/02/2023
Occupier Sunnyside Worcester Road Summerfield KIDDERMINSTER DY11 7RF 28/02/2023

Consultee List

Name Organisation Sent Reply Due Reply Received
HSE Health & Safety Executive (Land Use Planning) HSE Health & Safety Executive (Land Use Planning) 13/01/2023
Aidan Smyth WDC - Archaeology & Planning Advisor 28/02/2023 21/03/2023 19/05/2023
Clare Shinner Hartlebury Parish Council 28/02/2023 21/03/2023 07/03/2023
Cllr Stephen Bateman Hartlebury Ward 28/02/2023 21/03/2023
Highways County Highways 28/02/2023 21/03/2023
Mrs E Marshall Landscape Officer 28/02/2023 21/03/2023
Mrs S Hiscock Natural Heritage Officer 28/02/2023 21/03/2023
Network Rail (Western Region) Network Rail (Western Region) 28/02/2023 21/03/2023

Constraints List

Constraints List
Enforcement Notice: HIST/EN/0034
SWDP 5: Protect and Enhance
Major Aquifer
CIL008 - Non-Urban Area
Paper: Droitwich Advertiser - Thursday
Green Belt
Outside SWDP Development Boundary
Paper: Kidderminster Shuttle - Thursday
Section 106 Agreement
Source Protection Zone 3
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Wind Turbines
Policy Case ELA - 45-17. 8 Worcester Road, Summerfield, Kidderminster, DY11 7RF. Retention of car valeting and vehicle preperation building and extended car sales forecourt, resubmission of application W/13/01861/PN (retrospective). Complete.
Policy Case HLA - PAR/45/24/HOU. Sunnyside, Worcester Road, Summerfield, Kidderminster, DY11 7RF. . Affordable. Small site
Policy Case HLA - PAR/45/67/HOU. Mare And Colt Beefeater, Worcester Road, Summerfield, Kidderminster, DY11 7RF. FLAT. Affordable. Small site
SWDP 15: Designated Rural Areas
SWDP 2: Greenbelt
Contaminated Land
No associated appeals