Application Number | W/23/01689/OUT |
Status | Application Refused |
Application Valid |
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15/11/2023 |
Consultation End |
---|
13/02/2024 |
Committee Meeting |
---|
N/A |
Decision |
---|
Refusal |
Decision Date |
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24/04/2024 |
Appeal Started |
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17/09/2024 |
Appeal Decision |
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N/A |
Summary | |
Application Number | W/23/01689/OUT |
Location Address | Land At (Os 8402 7347) Summerfield Lane Summerfield Hartlebury |
Proposal | Outline planning permission for the development of up to 8 self-build residential dwellings. All matters reserved apart from access. |
Status | Refusal |
Application Type | Outline Application |
Appeal Decision | N/A |
Important Dates | |
Application Received Date | 16/08/2023 |
Application Valid Date | 15/11/2023 |
Consultation Start Date | 16/11/2023 |
Site Visited / Site Notice Date | |
Consultation End | 13/02/2024 |
Advert Expiry | 14/12/2023 |
Committee Date (if applicable) | |
Committee Agenda | |
Decision Date | 24/04/2024 |
Further Information | |
Expected Decision Level | Delegated |
Case Officer | Gillian McDermott |
Parish | Hartlebury |
Ward | Hartlebury Ward |
Applicant | Mr Joe Nugent, SHEN |
Agent | Mr Joe Nugent, SHEN |
Agent Address | 57 Crawhall Crescent Kirkhill Morpeth NE61 2RH |
Condition Details / Information Notes |
The site is not regarded as a large built up area, is not an infill site, is not urban land or previousy developed land and the proposed development would result in encroachment into the countryside with Summerfield having no defined development boundary. The proposed development would constitute inappropriate development in the Green Belt and conflict with Paragraph 143 of the NPPF. The development would result in substantial harm to the Green Belt and the lack of five year housing land supply and the delivery of self-build dwellings would not outweigh this harm. Very special circumstances, within Paragraph 153 of the NPPF in this case, therefore, does not exist and is not outweighed by the significant harm to the Green Belt. The proposal is therefore contrary to Policy SWDP 2 of the South Worcestershire Development Plan and the NPPF, in particular, section 13. |
The site lies outside of any development boundary as defined by the South Worcestershire Development Plan and therefore lies in an open countryside location, where, in accordance with policy SWDP2, development will be strictly controlled and limited to exceptions set out in SWDP2C and development specifically permitted by other SWDP policies, and is subject to additional restrictions and guidance contained within the NPPF. The proposed development would be sited in a geographically unsustainable location with poor practical access to services and facilities. Access to public transport and walking or cycling to settlements further afield would be unfavourable due to the distances away and lack of streetlighting. Future residents would therefore be highly reliant on the private car to meet their day to day needs. The proposed development therefore conflicts with Policy SWDP1 (Overarching Sustainable Development Principles) and SWDP4 (Moving Around South Worcestershire) of the South Worcestershire Development Plan, together with the sustainable objectives of the National Planning Policy Framework. This identified harm would significantly and demonstrably outweigh the benefits associated with the proposed development and therefore the development does not constitute sustainable development when assessed against the National Planning Policy Framework as a whole |
The development would result in new housing in the currently undeveloped gap between Ivy bungalow and No. 30 Summerfield Lane and extend up to the residential development at The Avenue. This would result in a coalescence of residential development and fail to safeguard the dispersed pattern of development, constitute an encroachment into the countryside which would fail to safeguard and enhance the landscape character of the area, contrary to Policies SWDP 21 and SWDP 25 of the South Worcestershire Development Plan and the NPPF, in particular paragraphs 8 and 180. |
In the absence of a submitted botanical survey/ further information to determine whether the grassland would meet the criteria to qualify as a Priority Habitat under S.41 of the NERC Act, 2006, the proposal would fail to safeguard biodiversity contrary to Policy SWDP 22 of the South Worcestershire Development Plan and the NPPF, in particular, Paragraphs 8, 180, and 186. |
In the absence of a Section 106 legal agreement, no secure arrangements are in place to secure: - The arrangements for a financial contribution towards off-site affordable housing provision. As such, the proposed development does not meet the objectives of sustainable development and cannot be delivered with acceptable impacts on the community and the environment. Therefore, the application is contrary to adopted South Worcestershire Development Plan Policies SWDP1 and SWDP 15 along with the Council's adopted Affordable Housing SPG, as well as guidance contained in the National Planning Policy Framework. |
Refused plan numbers: 000 - Location and block plan 901 - Proposed site plan (indicative) |
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; and 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. |
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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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 | Sunnyside Worcester Road Summerfield KIDDERMINSTER DY11 7RF | 01/02/2024 | |
Andrew Edwards | Ivy Crest Inn Lane Hartlebury KIDDERMINSTER DY11 7TA | 08/12/2023 | |
Andy Bunn ICE2 | 5 Egginton Road, Etwall | 16/04/2024 | |
Andy Hopkins | The Parsonage Parsonage Lane Ombersley DROITWICH SPA WR9 0HP | 28/12/2023 | |
Anthony Birch | Filey 27 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 04/12/2023 | |
Beverley | Lynd Hurst 25 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 19/12/2023 | |
Charlotte Hurley | Martinbrook Farmhouse Lower Town Claines WORCESTER WR3 7RY | 07/12/2023 | |
David Creed | 17 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 07/12/2023 | |
Fedele Zmuda | 22 Blount terrace Kidderminster Dy11 7AF | 16/04/2024 | |
Halina Czerniak | 32 Dancer Road TW9 4LA | 05/12/2023 | |
Housing Officers | The Civic Centre Queen Elizabeth Drive PERSHORE WR10 1PT | 05/12/2023 | |
Jessica Allington | 3 The Bungalows Pard house lane Stanford bridge | 07/12/2023 | |
Julian Ding | Flat 7 Summerfield House Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 07/02/2024 | |
Lucy Brewer | Stourport Road Kidderminster DY11 7QL | 17/01/2024 | |
Mark Knowles | worcester road Summerfield kidderminster dy11 7rf | 18/04/2024 | |
Michaela Humphreys | Lakeside Barn Charlton Lane Torton Hartlebury KIDDERMINSTER DY11 7SD | 25/01/2024 | |
Moses Mrema | Flat 5 Summerfield House Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 02/12/2023 | |
Natasha Hill | 5 Worcester Road Summerfield KIDDERMINSTER DY11 7RF | 02/01/2024 | |
Nathan Johnson | 160 Kidderminster Road Bewdley DY12 1jd | 20/12/2023 | |
Nicola Bishop | Ray Mercer Way Kidderminster Worcestershire Dy10 1nx | 16/01/2024 | |
Occupier | 33D Tagwell Road DROITWICH SPA WR9 7BN | 30/12/2023 | |
Paul Brough | Crest Villa 19 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 06/12/2023 | |
Paul Vernon | Prism House, 22 Blackwell Street, Kidderminster, Worcestershire, DY10 2DU | 11/01/2024 | |
Ryan | 3 Worcester Road Summerfield KIDDERMINSTER DY11 7RF | 04/12/2023 | |
S Savage | 26 WR5 3RF | 02/03/2024 | |
Sam | Summerfield Road Kidderminster | 01/03/2024 | |
Teresa littler | 79 B60 4dy | 07/12/2023 | |
Alyxandra Edwards | Jenda 46 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | 20/11/2023 |
HAYLEY c Jackman Sheppard | 20 The Avenue Summerfield Hartlebury KIDDERMINSTER DY11 7RH | 16/11/2023 | 22/11/2023 |
Matthew Adams | Roxel (Uk Rocket Motors) Ltd Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7RZ | 16/11/2023 | 24/11/2023 |
Mr and Mrs TA Wilkinson | Jubilee Bungalow 30 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | 16/01/2024 |
Occupier | 17 The Avenue Summerfield Hartlebury KIDDERMINSTER DY11 7RH | 16/11/2023 | |
Occupier | 18 The Avenue Summerfield Hartlebury KIDDERMINSTER DY11 7RH | 16/11/2023 | |
Occupier | 19 The Avenue Summerfield Hartlebury KIDDERMINSTER DY11 7RH | 16/11/2023 | |
Occupier | 38 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | 40 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | 42 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | 44 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | 52 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Avalon 36 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Clifton Cottage 58 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Hills Moore 54 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Lea Cottage 66 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Newholme Cottage 50 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Reid Cottage 56 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Occupier | Spinney 11 The Avenue Summerfield Hartlebury KIDDERMINSTER DY11 7RH | 16/11/2023 | |
Occupier | The Thorns Cottage 48 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | |
Watson | Ivy Bungalow 14 Summerfield Lane Summerfield Hartlebury KIDDERMINSTER DY11 7SA | 16/11/2023 | 26/11/2023 |
Name | Organisation | Sent | Reply Due | Reply Received |
---|---|---|---|---|
HSE Health & Safety Executive (Land Use Planning) | HSE Health & Safety Executive (Land Use Planning) | 05/09/2023 | ||
Aidan Smyth | WDC - Archaeology & Planning Advisor | 16/11/2023 | 07/12/2023 | |
Clare Shinner | Hartlebury Parish Council | 16/11/2023 | 07/12/2023 | |
Cllr Antony Hartley | Hartlebury Ward | 16/11/2023 | 07/12/2023 | |
Environment Agency | West Area Planning | 16/11/2023 | 07/12/2023 | |
Highways | County Highways | 16/11/2023 | 07/12/2023 | |
Housing Team - WDC | Housing - WDC | 16/11/2023 | 07/12/2023 | |
Mrs E Marshall | Landscape Officer | 16/11/2023 | 07/12/2023 | |
Mrs S Hiscock | Natural Heritage Officer | 16/11/2023 | 07/12/2023 | |
Policy Plans - General | Policy Plans - General | 16/11/2023 | 07/12/2023 | |
Sammie Lynch | Policy Plans - Self Build | 16/11/2023 | 07/12/2023 | |
Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 16/11/2023 | 07/12/2023 | |
Highways | County Highways | 30/01/2024 | 13/02/2024 |
Constraints List |
SWDP 5: Urban - Unsurveyed |
SWDP 5: Protect and Enhance |
Paper: Kidderminster Shuttle - Thursday |
PD Rights Removed may apply: 87/01648 - Summerfields, Hartlebury |
Paper: Droitwich Advertiser - Thursday |
Major Hazard Area |
Outside SWDP Development Boundary |
CIL008 - Non-Urban Area |
Major Aquifer |
Green Belt |
Source Protection Zone 3 |
Wind Turbines |
Policy Case HLA - PAR/45/48/HOU. SUMMERFIELD. WDC. Affordable. Small site (EMP only) |
SWDP 15: Designated Rural Areas |
SWDP 2: Greenbelt |
Appeals Information | |
Number | W/23/01689/OUT |
PINS Appeal Ref | APP/H1840/W/24/3349147 |
Method | Written Procedure |
Start date | 17/09/2024 |
LPA Final Comments Due | 05/11/2024 |
Interested Party Comments Due | 22/10/2024 |
Inquiry Date | |
Venue | |
Decision | |
Issue Date |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3349147
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
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’.