Application Number W/23/01689/OUT
Status Application Refused

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Planning Online Status


  • Application
    Valid
    15/11/2023
  • Consultation
    End
    13/02/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    24/04/2024
  • Appeal
    Started
    17/09/2024
  • Appeal
    Decision
    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.

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
Decision

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 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

Consultee List


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


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

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.

Tick here to show you have read and agree with the Copyright Notice.

Document Download Tips

  • In order to view the documents please ensure you have ticked the Copyright Notice box above.
  • In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
  • To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
  • To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
  • If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
  • Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.

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’.

Document Type Date Description File Size Drawing/Rev Number
Appeal