Application Number W/25/00116/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    24/01/2025
  • Consultation
    End
    27/02/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    21/03/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number W/25/00116/FUL
Location Address Upton House Farm Upton Farm Lane Elmley Lovett WR9 0PS
Proposal Erection of outdoor menage and horse walker together with new landscaping
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 22/01/2025
Application Valid Date 24/01/2025
Consultation Start Date 28/01/2025
Site Visited / Site Notice Date
Consultation End 27/02/2025
Advert Expiry 27/02/2025
Committee Date (if applicable)
Committee Agenda
Decision Date 21/03/2025

Further Information
Expected Decision Level Delegated
Case Officer Robert Smith
Parish Elmley Lovett
Ward Hartlebury Ward
Applicant Mr & Mrs Newland
Agent Mr Neil Pearce, Avon Planning Services Limited
Agent Address 103 High Street Evesham WR11 4DN

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 – Location Plan Proposed Site Plan Ownership Plan 49 - Proposed horse walker Plan & Elevations 50 – Proposed Menage Plan & Elevations 51 - Proposed Menage Surface Detail Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework.
A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1) The programme and methodology of site investigation and recording. 2) The programme for post investigation assessment. 3) Provision to be made for analysis of the site investigation and recording. 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation. 5) Provision to be made for archive deposition of the analysis and records of the site investigation. 6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. (B) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 207 and 218 of the National Planning Policy Framework (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016 and objectives of the National Planning Policy Framework.
Before the development hereby permitted is first occupied/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 in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan and To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan and objectives of the National Planning Policy Framework.
Prior to the first use of the development hereby permitted details of the long-term maintenance, management and monitoring of the Biodiversity Net Gain provision detailed within the recommendations made in the Preliminary Ecological Appraisal (dated January 2025) and Preliminary Ecological appraisal (dated December 2024) by Brown Fisher Environmental shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall cover a thirty-year period. On completion of works the development shall be inspected by a qualified ecologist and a statement of conformity shall be submitted to the Local Planning Authority to confirm whether all of the biodiversity mitigation and enhancement measures have been implemented in accordance with the details approved under this condition Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan and objectives of the National Planning Policy Framework.
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 and objectives of 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; - seeking amendments to the proposed development following receipt of the application; - 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.
The applicant must be aware of their obligations towards the public right of way as follows: No disturbance of, or change to, the surface of the path or part thereof should be carried out without written consent (this includes laying concrete, tarmac or similar) 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 as not to 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.
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. Subject to Paragraph 14(2) of Schedule 7A TCPA 1990 The biodiversity gain plan must include: (a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; (b) the pre-development biodiversity value of the onsite habitat; (c) the post-development biodiversity value of the onsite habitat; Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan

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
Decision
Planning Application Documents

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 Annexe Tinkers Farm House Elmley Lane Cutnall Green DROITWICH SPA WR9 0PS 28/01/2025
Occupier Tinkers Farm House Elmley Lane Cutnall Green DROITWICH SPA WR9 0PS 28/01/2025
Occupier Upton House Cottage Upton Farm Lane Elmley Lovett DROITWICH SPA WR9 0PS 28/01/2025
Occupier Well Cottage Upton Farm Lane Elmley Lovett DROITWICH SPA WR9 0PS 28/01/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth WDC - Archaeology & Planning Advisor 28/01/2025 18/02/2025
Cllr Antony Hartley Hartlebury Ward 28/01/2025 18/02/2025
Conservation Officer Conservation Officer 28/01/2025 18/02/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 28/01/2025 18/02/2025
Highways County Highways 28/01/2025 18/02/2025
Jonathan Brierley Open Spaces Society 28/01/2025 18/02/2025
Mr N Wright Elmley Lovett Parish Council 28/01/2025 18/02/2025
Ramblers Head Office The Ramblers' Association (Worcestershire Area) 28/01/2025 18/02/2025
The British Horse Society British Horse Society 28/01/2025 18/02/2025
Worcestershire County Council (Public Paths) 28/01/2025 18/02/2025
Worcestershire Regulatory Services - Cont. Land Worcestershire Regulatory Services 28/01/2025 18/02/2025

Constraints List


Constraints List
Paper: Droitwich Advertiser - Thursday
SWDP 15: Designated Rural Areas
CIL008 - Non-Urban Area
Landfill Consultation
SWDP 2: Greenbelt
SWDP 5: Protect and Restore
Green Belt
Major Hazard Area
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- EL-525 B
Major Aquifer
Source Protection Zone 3
Surface Water: Low 1 in 1000 extent
Wind Turbines
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1215373. Potentially Curtilage Listed. STONE HOUSE. PCL/1215373
Bridleway: Type- Bridleway. Path No- EL-522 B.
Public Right of Way: Type- Bridleway. Path No- EL-522 B
Listed Buildings Affect Setting 25m Buffer: Grade II. HE Ref: 1215372. Potentially Curtilage Listed. THE OLD RECTORY. PCL/1215372
No associated appeals