| Application Number | W/23/02227/OUT |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid08/11/2023 -
Consultation
End13/04/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date28/05/2024 -
Appeal
Started13/08/2024 -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/23/02227/OUT |
| Location Address | Land At (Os 0786 4374) Bretforton Road Badsey |
| Proposal | Outline planning application for the erection of up to 35 residential dwellings and associated infrastructure (all matters reserved except for access) |
| Status | Refusal |
| Application Type | Outline Application |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 31/10/2023 |
| Application Valid Date | 08/11/2023 |
| Consultation Start Date | 13/11/2023 |
| Site Visited / Site Notice Date | |
| Consultation End | 13/04/2024 |
| Advert Expiry | 14/12/2023 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 28/05/2024 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Gillian McDermott |
| Parish | Badsey |
| Ward | Badsey & Aldington Ward |
| Applicant | Mr Jack Casey, Lone Star Land |
| Agent | Mr Jack Casey, Lone Star Land |
| Agent Address | 50 High Street Henley-in-Arden Henley-in-Arden Warwickshire B95 5AN |
| Condition Details / Information Notes |
| The application site lies entirely outside of a defined settlement boundary as identified under Policy SWDP 2 of the South Worcestershire Development Plan 2016. The site is therefore defined as open countryside where development shall be strictly controlled. The proposed development would fail to accord with the provisions of policy SWDP2 part C of the SWDP. The proposed development would go against the SWDP Development Strategy and the sustainability principles it is based upon (as set out under policy SWDP2) in that it would not safeguard or enhance the open countryside contrary to provisions of South Worcestershire Development Plan, 2016 Policies SWDP 1 and SWDP 2 and guidance contained in the National Planning Policy Framework (2021). The development in this edge of village location would result in significant encroachment into the countryside towards the neighbouring village of Bretforton to the east and away from the core of the village, resulting in a dilution of it’s nucleated character. As a result, the proposed development would not take into account the important features of the Worcestershire County Council Landscape Character Assessment with regard to the Principal Village Farmlands Landscape Type. The development is therefore concluded to be contrary to Policies SWDP 21 and SWDP 25 of the South Worcestershire Development Plan along with the NPPF, in particular, Paragraphs 8 and 180. In light of the fact that the Council cannot at this time demonstrate a five-year nor four-year supply of deliverable housing land, the Council’s policies for the provision of housing should not be considered up-to-date in accordance with footnote 7 of the NPPF and in accordance with Paragraph 11 of the NPPF the presumption in favour of sustainable development (the ‘tilted balance’) applies. However, the impacts of the development would significantly and demonstrably outweigh the benefits when assessed against the NPPF when taken as a whole. |
| Forecast intakes for Badsey First School indicate that there are insufficient places for primary age children, which is expected to continue into the foreseeable future. In the absence of sufficient information, it has not been demonstrated that there are sufficient school places which are available, that can be accessed sustainably or mitigated for in regard to the First Phase Pupil Yield from the proposed development. The development is therefore contrary to Policies SWDP 2 F, SWDP 4 and SWDP 7 B of the South Worcestershire Development Plan and the NPPF, in particular, Paragraphs 8, 96, 99, 108, 109 and 114. |
| In the absence of a Section 106 legal agreement, no secure arrangements are in place to secure: - The arrangements for a financial contribution towards: - affordable housing provision. - public open space - formal sports and leisure - primary care - transport and infrastructure - education (early years, high school and sixth form) 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, SWDP 4, SWDP 15 and SWDP 39 along with the Council's adopted Affordable Housing SPG, as well as guidance contained in the National Planning Policy Framework. |
| 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; - considering the imposition of conditions and 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. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above. |
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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 |
|---|---|---|---|
| Aaron Liebermann | The Barn Badsey Fields Lane Badsey EVESHAM WR11 7EX | 23/11/2023 | |
| Andy Wilson | 43 Seward Road Badsey EVESHAM WR11 7HQ | 24/04/2024 | |
| Anne Eden | Maybush 90 Bretforton Road Badsey EVESHAM WR11 7XQ | 11/04/2024 | |
| Christine Leggat | 3 Kingshurst Drive Badsey EVESHAM WR11 7ZF | 22/11/2023 | |
| Colin Maskery | 34 Brewers Lane Badsey EVESHAM WR11 7EU | 22/11/2023 | |
| David Webster | 31 Fothersway Close Badsey EVESHAM WR11 7FA | 31/01/2024 | |
| Gary Bailey | 17 Seward Road Badsey EVESHAM WR11 7HQ | 11/12/2023 | |
| Gillian Pawson | 14 Owletts End EVESHAM WR11 1DB | 21/11/2023 | |
| Ian Devine | 41 Brewers Lane Badsey EVESHAM WR11 7EU | 20/11/2023 | |
| Jackie Gregg | 117A Bretforton Road Badsey EVESHAM WR11 7XQ | 09/12/2023 | |
| John Thomas McDonnell | 8 Allsebrook Gardens Badsey EVESHAM WR11 7HJ | 13/12/2023 | |
| John Tompkins | Broadway View 90A Bretforton Road Badsey EVESHAM WR11 7XQ | 10/04/2024 | |
| Jonathan Hancox | 53 Seward Road Badsey EVESHAM WR11 7HQ | 05/12/2023 | |
| Judith Burton | 1 Synehurst Badsey EVESHAM WR11 7XJ | 13/04/2024 | |
| Kamaljeet sangha | 115 Bretforton Road Badsey EVESHAM WR11 7XQ | 11/12/2023 | |
| Kim Leigh | The Wilding Bretforton Road Badsey EVESHAM WR11 7XQ | 21/03/2024 | |
| Lynne Edwards | 6 Maybush Gardens Badsey EVESHAM WR11 7YL | 28/01/2024 | |
| Marcia Granger | Applewood 23B Badsey Fields Lane Badsey EVESHAM WR11 7EX | 14/12/2023 | |
| Marion Jones | 7 The Lankets Badsey EVESHAM WR11 7EH | 19/04/2024 | |
| Michael Tennant | 11 Badsey Fields Lane Badsey EVESHAM WR11 7EX | 14/12/2023 | |
| Mrs Coates Dip Arch | 8 Maybush Gardens Badsey EVESHAM WR11 7YL | 10/04/2024 | |
| Nic Hart | 9 Maybush Gardens Badsey EVESHAM WR11 7YL | 07/04/2024 | |
| Nita Spiers and Alan Spiers | 5 Hither Green Badsey EVESHAM WR11 7XY | 05/12/2023 | |
| Penny Bailey | 17 Seward Road Badsey EVESHAM WR11 7HQ | 12/04/2024 | |
| Richard Fowler | 24 Old Post Office Lane Badsey EVESHAM WR11 7XF | 17/12/2023 | |
| Robert Baggaley | Cotswold House 90B Bretforton Road Badsey EVESHAM WR11 7XQ | 09/04/2024 | |
| Robert Baggaley | Cotswold House 90B Bretforton Road Badsey EVESHAM WR11 7XQ | 11/04/2024 | |
| Rod Gregg | 117A Bretforton Road Badsey EVESHAM WR11 7XQ | 09/04/2024 | |
| Roger & Anne Eden | Maybush 90 Bretforton Road Badsey EVESHAM WR11 7XQ | 08/02/2024 | |
| Roger Eden | Maybush 90 Bretforton Road Badsey EVESHAM WR11 7XQ | 11/04/2024 | |
| Scott shuard | 22 High Street Badsey EVESHAM WR11 7EJ | 30/11/2023 | |
| Valerie Emmett | 88 Bretforton Road Badsey EVESHAM WR11 7XQ | 14/12/2023 | |
| Diane Cantwell | 113 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 05/04/2024 |
| Dr L and Dr K Edwards | 6 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | 18/11/2023 |
| Janet Buckland | 7 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | 28/11/2023 |
| John Tompkins | Broadway View 90A Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 18/11/2023 |
| Lisa Kingsbury | 4 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | 18/11/2023 |
| Mark Cooke | 117 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 03/12/2023 |
| Mrs Coates Dip Arch | 8 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | 03/12/2023 |
| Nic Hart | 9 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | 16/11/2023 |
| Occupier | 1 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | |
| Occupier | 105 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | |
| Occupier | 107 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | |
| Occupier | 109 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | |
| Occupier | 111 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | |
| Occupier | 119 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | |
| Occupier | 121 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | |
| Occupier | 2 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | |
| Occupier | 3 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | |
| Occupier | 5 Maybush Gardens Badsey EVESHAM WR11 7YL | 13/11/2023 | |
| Occupier | Unit A Bretforton Road Badsey WR11 7XQ | 13/11/2023 | |
| Occupier | Unit B - Vale Forestry Ltd Bretforton Road Badsey WR11 7XQ | 13/11/2023 | |
| Robert Baggaley | Cotswold House 90B Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 16/11/2023 |
| Roderic Gregg | 117A Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 19/11/2023 |
| Roger & Anne Eden | Maybush 90 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 12/12/2023 |
| Valerie Emmett | 88 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 14/12/2023 |
| Varinder Sangha | 115 Bretforton Road Badsey EVESHAM WR11 7XQ | 13/11/2023 | 07/12/2023 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Aidan Smyth | WDC - Archaeology & Planning Advisor | 13/11/2023 | 04/12/2023 | |
| Cllr Mark Ward | Badsey & Aldington Ward | 13/11/2023 | 04/12/2023 | |
| Conservation Officer | Conservation Officer | 13/11/2023 | 04/12/2023 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 13/11/2023 | 04/12/2023 | |
| Highways | County Highways | 13/11/2023 | 04/12/2023 | |
| Housing Team - WDC | Housing - WDC | 13/11/2023 | 04/12/2023 | |
| Jo Hall | NHS Clinical Commissioning Group | 13/11/2023 | 04/12/2023 | |
| Matt Barker | MHDC & WDC Carbon Reduction Project Officer | 13/11/2023 | 04/12/2023 | |
| Miss Rhiannon Thomas | Severn Trent Water Ltd | 13/11/2023 | 04/12/2023 | |
| Mr R Cooper & Mr J Jennings | Hereford & Worcester Fire Service | 13/11/2023 | 04/12/2023 | |
| Mrs E Marshall | Landscape Officer | 13/11/2023 | 04/12/2023 | 14/12/2023 |
| Mrs S Hiscock | Natural Heritage Officer | 13/11/2023 | 04/12/2023 | |
| Ms A Evans | Badsey Parish Council | 13/11/2023 | 04/12/2023 | |
| Ms C Charlton | Worcestershire County Council (Public Health) | 13/11/2023 | 04/12/2023 | |
| Nick McGowan | Tree Preservation Officer | 13/11/2023 | 04/12/2023 | |
| Policy Plans - General | Policy Plans - General | 13/11/2023 | 04/12/2023 | |
| Urban Design Consultation | MHDC & WDC Urban Design | 13/11/2023 | 04/12/2023 | |
| WCC LLFA Planning Consultation | WCC Lead Local Flood Authority | 13/11/2023 | 04/12/2023 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 13/11/2023 | 04/12/2023 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 13/11/2023 | 04/12/2023 | |
| Cllr Mark Ward | Badsey & Aldington Ward | 25/01/2024 | 08/02/2024 | |
| Mrs E Marshall | Landscape Officer | 25/01/2024 | 08/02/2024 | |
| Ms A Evans | Badsey Parish Council | 25/01/2024 | 08/02/2024 | |
| Cllr Mark Ward | Badsey & Aldington Ward | 28/03/2024 | 11/04/2024 | |
| Highways | County Highways | 28/03/2024 | 11/04/2024 | |
| Mrs S Hiscock | Natural Heritage Officer | 28/03/2024 | 11/04/2024 | |
| Ms A Evans | Badsey Parish Council | 28/03/2024 | 11/04/2024 | |
| WCC LLFA Planning Consultation | WCC Lead Local Flood Authority | 28/03/2024 | 11/04/2024 |
Constraints List
| Constraints List |
| Section 106 Agreement |
| SWDP 5: Protect and Enhance |
| Wind Turbines |
| Policy Case ELA - 06-06. Land at Bretforton Road Badsey Worcestershire . Erection of 265 sq m additional B8 floorspace.. Expired. |
| Surface Water: Medium 1 in 100 extent |
| Paper: Evesham Journal - Thursday |
| CIL008 - Non-Urban Area |
| SWDP 11: Vale of Evesham Heavy Goods Vehicles Control Zone |
| Outside SWDP Development Boundary |
| Surface Water: Low 1 in 1000 extent |
| Surface Water: High 1 in 30 extent |
| Appeals Information | |
| Number | W/23/02227/OUT |
| PINS Appeal Ref | APP/H1840/W/24/3346257 |
| Method | Hearing Procedure |
| Start date | 13/08/2024 |
| LPA Final Comments Due | 01/10/2024 |
| Interested Party Comments Due | 17/09/2024 |
| Inquiry Date | 03/12/2024 |
| Venue | Wychavon District Council, Civic Centre, Queen Elizabeth Drive, Pershore, Worcs WR10 1PT |
| Decision | |
| Issue Date | |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3346257
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’.
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