Application Number W/23/01730/FUL
Status Application Refused

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Planning Online Status


  • Application
    Valid
    28/09/2023
  • Consultation
    End
    02/11/2023
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    30/11/2023
  • Appeal
    Started
    27/06/2024
  • Appeal
    Decision
    Dismissed
Summary
Application Number W/23/01730/FUL
Location Address Land At (Os 9948 3837) Cottons Lane Ashton Under Hill
Proposal Two new self build dwellings
Status Refusal
Application Type Full planning permission
Appeal Decision Dismissed

Important Dates
Application Received Date 23/08/2023
Application Valid Date 28/09/2023
Consultation Start Date 04/10/2023
Site Visited / Site Notice Date
Consultation End 02/11/2023
Advert Expiry 02/11/2023
Committee Date (if applicable)
Committee Agenda
Decision Date 30/11/2023

Further Information
Expected Decision Level Delegated
Case Officer Gillian McDermott
Parish Ashton under Hill
Ward Bredon Hill Ward
Applicant Mr Sam Cope
Agent Mr Stephen Matthews, Matthews Planning & Design
Agent Address 2 THE CLOSE CLEEVE PRIOR NEAR EVESHAM WR11 8LF

Condition Details / Information Notes
The proposed development would be sited in a geographically unsustainable location with poor practical access to services and facilities and therefore future residents would be highly reliant on the private car to meet their day to day needs which would not reduce the need to travel and would result in increased car journeys and hence carbon emissions. The proposed development therefore conflicts with Policy SWDP1 (Overarching Sustainable Development Principles) and SWDP4 (Moving Around South Worcestershire) of the South Worcestershire Development Plan, 2016 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 design of the two dwellings of similar appearance, due to their design, form, detail, and large amount of glazing would detract from the setting of the Ashton under Hill Conservation Area and the Cotswolds Area of Outstanding Natural Beauty. Further, the loss of the roadside bank would be in stark contrast to the existing steep sided vegetated nature of Cottons Lane and which contributes to its rural character. The development would fail to provide green infrastructure as required by Policy SWDP 5 and fail to contribute to the local distinctiveness of the area. The development would result in less than substantial harm to the significance of the heritage asset, which is not considered to be outweighed by the public benefits. Overall, the proposal would be contrary to Policies SWDP 6, SWDP 21, SWDP 23, SWDP 24, SWDP 25, SWDP 26 along with the Ashton under Hill Conservation Area Appraisal, the Cotswolds National Landscape (CNL) Management Plan, the Cotswolds AONB Landscape Character Assessment and the Cotswolds AONB Landscape Strategy and Guidelines along with the relevant paragraphs of the NPPF, in particular, paragraphs 130, 174, 175, 176, 197, 199, 202.
In the absence of sufficient information, the proposal has failed to demonstrate that adequate visibility can be achieved in both directions along Cottons Lane. In addition, the application has failed to demonstrate that the car parking arrangements would accord with the Worcestershire County Council Streetscape Design Guide. The proposal therefore fails to comply with Policies SWDP 4 and SWDP 21 and Paragraph 110 of the NPPF.
In the absence of a legal agreement to secure an affordable housing contribution, the proposal would be contrary to Policy SWDP 15 of the South Worcestershire Development Plan.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- 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.
Refused plan numbers: 223 002A 223 001A 223 005 223 004

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
Anna Degano Wayside Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 31/10/2023
David Nicklin The Pig Barn The Groaten Ashton Under Hill EVESHAM WR11 7QR 17/11/2023
Esther Annis Owl Farm Bakers Lane Aston Under Hill WR11 7ZS 01/11/2023
Frank Moore Acacia Cottage Elmley Road Ashton under Hill Evesham WR11 7SN 16/11/2023
Geraldine Womersley 2 Wynch Farm Elmley Road Ashton Under Hill WR11 7SW 25/10/2023
Guy Garland Roseberry House Elmley Road Ashton Under Hill EVESHAM WR11 7SW 27/11/2023
Linda & Jim Teague 26 Gorse Hill Ashton under Hill Evesham Worcestershire WR11 7SP 30/10/2023
Neil Jones Oak House Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 21/11/2023
Susan Cranham Hill Cottage Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 31/10/2023
Nikki & Colin McIntyre Arana Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 02/10/2023 28/10/2023
Occupier The Coppice Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 04/10/2023
Samantha Brown The White House Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 04/10/2023 27/10/2023
Stephen & Tracey Cooke Tree Tops Cottons Lane Ashton Under Hill EVESHAM WR11 7SS 04/10/2023 01/11/2023

Consultee List


Name Organisation Sent Reply Due Reply Received
Andy Robinson Ashton Under Hill Parish Council 02/10/2023 23/10/2023
Cllr Beverley Hardman Bredon Hill Ward 02/10/2023 23/10/2023
Conservation Officer Conservation Officer 02/10/2023 23/10/2023
Drainage Engineer Engineers - S.W. Land Drainage Partnership 02/10/2023 23/10/2023
Highways County Highways 02/10/2023 23/10/2023
Mrs E Marshall Landscape Officer 02/10/2023 23/10/2023
Mrs H Fleming Natural England 02/10/2023 23/10/2023
Mrs S Hiscock Natural Heritage Officer 02/10/2023 23/10/2023
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 02/10/2023 23/10/2023
John Mills Cotswold Conservation Board (Planning Officer) 04/10/2023 25/10/2023

Constraints List


Constraints List
SWDP 2: Development Boundary
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
PD Rights Removed may apply: W/95/00570/CU - WINDYRIDGE, COTTONS LANE, ASHTON-UNDER-HILL, EVESHAM WORCS
CIL008 - Non-Urban Area
Paper: Evesham Journal - Thursday
Outside SWDP Development Boundary
Area of Outstanding Natural Beauty
Surface Water: High 1 in 30 extent
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Wind Turbines
SWDP 23: Area of Outstanding Natural Beauty
SWDP 6: Conservation Area
Affect setting: Ashton under Hill Conservation Area
Appeals Information
Number W/23/01730/FUL
PINS Appeal Ref APP/H1840/W/24/3344260
Method Written Procedure
Start date 27/06/2024
LPA Final Comments Due 15/08/2024
Interested Party Comments Due 01/08/2024
Inquiry Date
Venue
Decision Dismissed
Issue Date 27/09/2024

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3344260

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’.

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Document Type Date Description File Size Drawing/Rev Number
Appeal
Appeal Documents