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Planning appeal decision

Notice upheld5 July 20213270783

Land at (Os 6913 7113) Sodington Hall , Mamble, Kidderminster, DY14 9JF

Planning appeal 3270783 at Land at (Os 6913 7113) Sodington Hall , Mamble, Kidderminster, DY14 9JF (Malvern Hills District Council) was dismissed on 5 July 2021 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: the effect on the character and appearance of the area and on the setting of the nearby Grade II listed building at Sodington Hall.

Without planning permission, the unauthorised material change of use of land to a mixed use for general industrial (commercial) and storage/distribution

Authority
Malvern Hills District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Bond V
Postcode
DY14 9JF

Main issues, as the Inspector framed them

  • the effect on the character and appearance of the area and on the setting of the nearby Grade II listed building at Sodington Hall
  • the effect on the living conditions of nearby residents, and on users of the public footpath crossing through the site with particular regard to noise and disturbance
  • whether the site is a suitable location for the appeal development

What decided it

The visual harm to the setting of the listed building and the material harm to residential living conditions from noise and disturbance, combined with the unsuitability of the location in open countryside, outweighed the moderate economic benefits of the business.

The moderate economic benefits arising from the commercial enterprise were weighed against the less-than-substantial harm to the significance of the listed building and material harm to living conditions, with the harms outweighing the benefits.

What the Inspector cited

Development plan policies
Policy SWDP 6Policy SWDP 21Policy SWDP 25Policy SWDP 31Policy SWDP 2Policy SWDP 2CPolicy SWDP 8Policy SWDP 12
National Planning Policy Framework
Paragraph 193Paragraph 196

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Malvern Hills

The authority’s record since 2016 · every decision in 2021

  1. Notice varied and upheld20 August 20263376591
    54 Malvern Road, Powick, Worcester, WR2 4RT
  2. Allowed22 May 20266001703
    24 Oakleigh Avenue, Hallow,, Worcester, WR2 6NG
  3. Allowed2 April 20263363143
    Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ
  4. Dismissed17 March 20266003096
    Land at Lockeridge Lane, Upton, WR8 0RW
  5. Allowed21 August 20253361329
    Cadmore Lodge, Berrington Green, Tenbury Wells, Worcestershire, WR15 8TQ

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.