®Planning appeal decision
Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS
Planning appeal 3334212 at Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS (Malvern Hills District Council) was allowed on 18 September 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: whether the development is suitably located having regard to the development plan and national policies for new housing and its proximity to facilities and services.
‘Non-compliance with condition 6 imposed by planning approval ref: 02/00285/FUL for the ‘Erection of stable block’. Condition 6 - The Stables hereby permitted shall be used solely for private equestrian use and not for any commercial purposes or residential use. Reason: To define the permission. The Local Planning Authority would wish to consider other uses against their impact on the locality and against the relevant Development Plan policies and to protect the amenities of the area from inappropriate development
- Authority
- Malvern Hills District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hanson S
- Postcode
- WR6 6PS
Main issues, as the Inspector framed them
- whether the development is suitably located having regard to the development plan and national policies for new housing and its proximity to facilities and services
What decided it
The Council's inability to demonstrate a five-year housing land supply engaged the presumption in favour of sustainable development under NPPF paragraph 11(d), which outweighed the conflict with the development plan and justified granting permission for the re-use of a redundant building.
The presumption in favour of sustainable development under NPPF paragraph 11(d), supported by national policy for re-use of redundant buildings and previously developed land, outweighed the conflict with the development plan and the reasons for issuing the enforcement notice.
What the Inspector cited
- Development plan policies
- Policy SWDP2Policy SWDP4
- National Planning Policy Framework
- Paragraph 84Paragraph 11
- Judgments
- FSS v Arun DC & Brown [2006] EWCA Civ 1172
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Malvern Hills
The authority’s record since 2016 · every decision in 2024
- Notice varied and upheld20 August 2026337659154 Malvern Road, Powick, Worcester, WR2 4RT
- Allowed2 April 20263363143Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ
- Notice upheld25 March 20253346544Land Adjoining Fartown Farm, Pensax, Abberley, Worcester, WR6 6AE
- Split Decision18 November 20243342762Crowcroft House Farm Crowcroft, Leigh Sinton, Malvern, WR13 5ED
- Dismissed10 November 20233321746Deer View, Wadborough Road, Kempsey, Worcs, WR5 3QH
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.