| Application Number | W/24/01263/CLE |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid12/08/2024 -
Consultation
End02/09/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date06/05/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | W/24/01263/CLE |
| Location Address | Moors Building Moors Farm Station Road Hartlebury Kidderminster DY11 7YJ |
| Proposal | Certificate of lawfulness for the existing use of nursery business |
| Status | Refusal |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 25/06/2024 |
| Application Valid Date | 12/08/2024 |
| Consultation Start Date | 12/08/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 02/09/2024 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 06/05/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Victoria Kempton |
| Parish | Hartlebury |
| Ward | Hartlebury Ward |
| Applicant | Mrs Emma Knight, Little Moors Farm Nursery |
| Agent | Mrs Emma Knight, Little Moors Farm Nursery |
| Agent Address | Moors Buildings Moors Farm Station Road Hartlebury DY11 7YJ |
| Condition Details / Information Notes |
| The evidence demonstrates that there has been periods of commercial use up to around 2015 when the building was used for office and storage/distribution uses. In the absence of a previous sole use for agriculture or a prior approval application/ notification being submitted to the Local Planning Authority, the development was not eligible for permitted development rights allowed by the General Permitted Development Order 2015 (as amended). Planning permission would have been required. The refurbishment for the nursery was complete in January 2023 which is when the current E(g)(i) use commenced. Prior to this time, the evidence does not continuously show occupation of the building across the relevant ten year period within Class E, and any such uses appear to have included significant areas of storage, falling outside Class E. Furthermore, the duration of vacancy periods within the ten year period are unconfirmed, making it unclear whether these constituted a break in the ‘continuous’ use. Overall and on the balance of probability, the submission does not precisely and unambiguously demonstrate that the building has been within a Class E use continuously over the previous ten years. |
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| Document Type | Date | Description | File Size | Drawing/Rev Number | |
|---|---|---|---|---|---|
| Application Documents | |||||
| 01. Application Form | 28/06/2024 | Application Form | (4542kb) | - | |
| 02. Supporting Information | 28/06/2024 | Covering Letter | (458kb) | - | |
| Application Plans | |||||
| 04. Site/Location Plan | 28/06/2024 | Location Plan | (399kb) | 435-01 - | |
| 04. Site/Location Plan | 28/06/2024 | Site Plan | (398kb) | 435-02 - | |
| 05. Existing Plans | 28/06/2024 | Elevations as Existing | (333kb) | 435-04 - | |
| 05. Existing Plans | 28/06/2024 | Floor Plans | (229kb) | 001 - | |
| 05. Existing Plans | 28/06/2024 | Ground Floor and First Floor Plans | (260kb) | - | |
| Neighbour and Other Response | |||||
| 08. Response - Neighbour and Other | 20/09/2024 | Hartlebury Parish Council 65 Ombersley Street East, DROITWICH SPA, WR9 8QS | (77kb) | - | |
| Decision | |||||
| 11. Decision Information | 06/05/2025 | Delegated Report | (172kb) | - | |
| 12. Decision Notice | 06/05/2025 | Decision Notice | (169kb) | - | |
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 |
|---|---|---|---|
| Hartlebury Parish Council | 65 Ombersley Street East DROITWICH SPA WR9 8QS | 20/09/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Clare Shinner | Hartlebury Parish Council | 12/08/2024 | 02/09/2024 | |
| Cllr Antony Hartley | Hartlebury Ward | 12/08/2024 | 02/09/2024 |
Constraints List
| Constraints List |
| Source Protection Zone 3 |
| Section 106 Agreement |
| Wind Turbines |
| SWDP 5: Protect and Restore |
| SWDP 15: Designated Rural Areas |
| Policy Case HLA - PAR/45/65/HOU. Moors Farm, Station Road, Hartlebury, Kidderminster, DY11 7YJ. BARNS CON. Affordable. Small site (EMP only) |
| Policy Case ELA - 45-13. Moors Farm, Station Road, Hartlebury, Kidderminster, DY11 7YJ. Proposed new stables and conversion of existing stables to storage unit. Complete. |
| Outside SWDP Development Boundary |
| PD Rights Removed may apply: 89/00617 - Moors Farm, Hartlebury |
| Paper: Droitwich Advertiser - Thursday |
| Agricultural Occupancy condition may apply: 83/00610 |
| Paper: Kidderminster Shuttle - Thursday |
| Major Aquifer |
| Enforcement Notice: HIST/EN/0079 |
| SWDP 2: Greenbelt |
| Policy Case HLA - PAR/45/08/HOU. Moors Farm, Station Road, Hartlebury, Kidderminster, DY11 7YJ. AG CON. Affordable. Small site (EMP only) |
| Agricultural Occupancy condition may apply: 78/01127 |
| Surface Water: Low 1 in 1000 extent |
| CIL008 - Non-Urban Area |
| Green Belt |
| Public Right of Way: Type- Footpath. Path No- HR-530 C |
| Section 52 Agreement |
| Surface Water: Medium 1 in 100 extent |
| Surface Water: High 1 in 30 extent |
| No associated appeals |
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