Application Number W/24/00220/CU
Status Application Approved

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  • Consultation
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Application Number W/24/00220/CU
Location Address Perry Farm Perry Lane Torton Hartlebury Kidderminster DY10 4HY
Proposal Change of use of agricultural land to dog walking amenity land
Status Approval
Application Type Change of use
Appeal Decision N/A

Important Dates
Application Received Date 05/02/2024
Application Valid Date 05/02/2024
Consultation Start Date 14/02/2024
Site Visited / Site Notice Date
Consultation End 14/03/2024
Advert Expiry 14/03/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 02/05/2024

Further Information
Expected Decision Level Delegated
Case Officer Sarah Hill
Parish Hartlebury
Ward Hartlebury Ward
Applicant H T Mayo & Sons
Agent Mr David Addison, AddisonRees Planning Consultancy Ltd
Agent Address Unit 12A Top Barn Business Centre Ltd Holt Heath Worcester WR6 6NH

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: - Plan 01: Location Plan, Produced on 26th Jan 2024; - Plan 02: Site Plan and Fence Profile, Produced on 26th Jan 2024; - Plan 03: Visibility Splays, Produced on 26th Jan 2024; - Planning Statement (including Water Management Statement and Assessment of Significance) by AddisonRees Planning Consultancy Ltd; - Noise Management Plan. Reason: To define the permission.
Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter. Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with policy SWDP29 of the South Worcestershire Development Plan 2016.
Before the development hereby permitted is first used, details of any external lighting to be provided in association with the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall include times when the external lighting will not be switched on. Only external lighting in accordance with approved details shall be provided on the application site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no other external lighting provided on the application site. Reason - To ensure the proposed development does not have an adverse effect on the character and appearance of the area or on the functioning of the adjacent railway line, in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan.
The development hereby approved shall only be operated solely by the owners of and for the benefit of Perry Farm, Perry Lane, Toron, DY10 4HY and shall at no time be used or sold off separately. Reason: The development has been submitted as a farm diversification scheme in accordance with Policy SWDP12 of the South Worcestershire Development Plan and has been approved on that basis.
The approved dog amenity area shall be operated in complete accordance with the measures outlined in the approved Noise Management Plan, in particular: - Operational hours of 7am to 9pm daily; - An online booking system operating on a 'one in, one out' basis; - Operating a 'three-strikes' policy for dogs barking unreasonably; - The provision of advisories on the online booking system regarding the generation of noise and the presence of neighbouring properties. Reason:- To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan.
The Development hereby approved shall not be brought into use until the parking spaces and turning area shown on drawing 02 Site Plan and Fence Profile, received on 12th April 2024, have been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. REASON: In the interests of highway safety.
The Development hereby approved shall not be brought into use until the first 5.0 metres of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material. REASON: In the interests of highway safety.
The Development hereby approved shall not be brought into use until the visibility splays shown on drawing 03 Visibility Splays have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway. REASON: In the interests of highway safety.
The Development hereby approved shall not be brought into use until the proposed access gates have been set back 5.0 metres from the adjoining carriageway edge and are made to open inwards only. REASON: In the interests of highway safety.
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; In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
The following obligations should be adhered to in respect of the adjacent Public Right of Way: - A width of 3m is required when a footpath is bounded by side-by-side fencing; - No disturbance of, or change to, the surface of the path or part thereof should be carried out without our written consent; - No diminution in the width of the right of way available for use by the public. Building materials must not be stored on the right of way; - Vehicle movements and parking to be arranged so vehicles do not unreasonably interfere with the public’s use of the right of way; - No additional barriers are placed across the right of way; - No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority; - The safety of the public using the right of way is to be ensured at all times.
No works shall commence on site until agreed by Network Rail and early engagement with Network Rail is recommended. An interface with Network Rail is required for this development via a Network Rail Basic Asset Protection Agreement (BAPA). The enquiry will need to be submitted via the Asset Protection and Optimisation - Customer Portal at
The developer is to submit directly to Network Rail asset protection, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. The builder is to ensure that no dust or debris is allowed to contaminate Network Rail land as the outside party would be liable for any clean-up costs. Review and agreement of the RAMS will be undertaken between Network Rail and the applicant/developer.
The applicant will provide at their own expense (if not already in place): • A stock-proof boundary fencing where livestock is present or expected. • Post and wire fence, livestock fence, post and rail or weld mesh fencing, dry stone or brick/stone and mortar walls installed to a minimum height of 1350mm. • The fence is required be set back at least 1m from the railway boundary to ensure that Network Rail can maintain and renew its boundary treatments. • Existing Network Rail fencing, and boundary treatments, must not be damaged or removed in any way. • Network Rail will not allow any maintenance works for proposal fencing or proposal boundary treatments to take place on its land. • Proposal fencing must not be placed on the boundary with the railway. • The fence should be maintained by the developer and that no responsibility is passed to Network Rail.

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
Statutory Consultee Response

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
Occupier Perry Barns Perry Lane Torton Hartlebury KIDDERMINSTER DY10 4HY 14/02/2024
Occupier Perry Bungalow Perry Lane Torton Hartlebury KIDDERMINSTER DY10 4HY 14/02/2024

Consultee List

Name Organisation Sent Reply Due Reply Received
Aidan Smyth WDC - Archaeology & Planning Advisor 14/02/2024 06/03/2024 18/04/2024
Asset Protection Team Severn Trent Water Limited 14/02/2024 06/03/2024
Clare Shinner Hartlebury Parish Council 14/02/2024 06/03/2024
Cllr Antony Hartley Hartlebury Ward 14/02/2024 06/03/2024
Conservation Officer Conservation Officer 14/02/2024 06/03/2024 15/04/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 14/02/2024 06/03/2024
Highways County Highways 14/02/2024 06/03/2024 01/03/2024
Mr R Cooper & Mr J Jennings Hereford & Worcester Fire Service 14/02/2024 06/03/2024 21/02/2024
Mrs E Marshall Landscape Officer 14/02/2024 06/03/2024
Mrs S Hiscock Natural Heritage Officer 14/02/2024 06/03/2024
Network Rail (Western Region) Network Rail (Western Region) 14/02/2024 06/03/2024
WCC LLFA Planning Consultation WCC Lead Local Flood Authority 14/02/2024 06/03/2024 28/02/2024
WDC - Legal Services Legal Services 14/02/2024 06/03/2024
Worcestershire County Council (Public Paths) 14/02/2024 06/03/2024 20/02/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 14/02/2024 06/03/2024 15/02/2024

Constraints List

Constraints List
Major Aquifer
SWDP 2: Greenbelt
Paper: Kidderminster Shuttle - Thursday
CIL008 - Non-Urban Area
SWDP 5: Protect and Restore
Agricultural Occupancy condition may apply: 74/00740
Paper: Droitwich Advertiser - Thursday
Green Belt
Source Protection Zone 3
Outside SWDP Development Boundary
Wind Turbines
SWDP 15: Designated Rural Areas
Public Right of Way: Type- Footpath. Path No- HR-520 C
Surface Water: Low 1 in 1000 extent
Railway Line
No associated appeals