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Sunday, 12 December 2010


Eric Pickles 'localism bill is about to be published.
It will significantly change the way we handle our local responsibilities, and contains a lot of issues that could be highly contentious. 
It promises:
  • Local people and organisations will have the right to buy significant public buildings. If a council decides to sell a property community organisations will get extra time to develop their bid.
  • Communities can question how services - such as children's centres, care homes and transport - are being run and potentially take them over.
  • More power for local people to overrule planning decisions, decide where new homes should go and protect green spaces.
We will keep you updated on issues that could affect Castlemorton. One significant issue will involve changes to Malvern Hills Local Plan, this will be reviewed and a new plan actioned for 2013.
Jerry and Lionel went to one of the first meetings that will help to shape the new plan.

Your feedback is sought too, so use this forum to feedback issues, questions and ideas that you think may help to shape Castlemorton's future development.

Wednesday, 1 December 2010

BT Infinity roll out Hereford & Worc September 2011!


Fallings Park, Great Barr, Hednesford, Leamore, Northern, Nuneaton, Tamworth, Tettenhall, Walsall, Wednesbury

31ST DEC 2010

Berkswell, Bromsgrove, Burntwood, Droitwich, Earlsdon, Evesham, Fazeley, Fernhill Heath, Heath Hayes, Kenilworth, Knowle, Leamington Spa, Lichfield, Polesworth, Rugby, Solihull, Swadlincote, Warwick, Worcester, Worcester St. Johns, Worcester St. Peters

30TH SEP 2011

Birmingham Central, Hillside, Hereford and Worcester

31ST DEC 2011

Chapel End, Donnington, Four Oaks, Headless Cross, Shirley, West Midlands, Southam, Streetly

30TH SEP 2012

Alsager, Cheslyn Hay, Stratford-on-Avon

Monday, 22 November 2010


You may already know about the "Race to Infinity" in which BT agrees to upgrade the broadband service for the first communities which register 1000 votes; Malvern has just been one of the first successes.
Apparently as our exchange has less than 1000 users we cannot achieve this requirement.
However if 75% of the people connected to the exchange register votes BT promises to engage with us about upgrading.
There are quite a lot of people in the Parish who need good broadband for business and working from home. So could I suggest that we all vote, and also ask friends and neighbours to vote. Maybe even register votes for neighbours who don't have computers?
It is straight forward, takes little time and can be found at
Votes can be placed up to the end of December and progress can be seen on the BT site.

Saturday, 30 October 2010

Badgers Sett : Appeal decision

Appeal Decision
Site visit made on 14 September 2010
by K E Down MA(Oxon) MSc MRTPI MBS
The Planning Inspectorate
4/11 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
0117 372 6372
an Inspector appointed by the Secretary of State
for Communities and Local Government
Decision date:
22 September 2010
Appeal Ref: APP/J1860/D/10/2134076
Badgers Sett, Morton Green, Welland, Worcestershire, WR13 6LR
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission
• The appeal is made by P Garland against the decision of Malvern Hills District Council
• The application Ref 10/00638/HOU, dated 14 May 2010, was refused by notice dated 28
July 2010
• The development proposed is a domestic extension
Application for Costs
1. An application for costs was made by P Garland against Malvern Hills District
Council. This application is the subject of a separate decision.
2. I allow the appeal, and grant planning permission for a domestic extension at
Badgers Sett, Morton Green, Welland, Worcestershire, WR13 6LR in accordance
with the terms of the application, Ref 10/00638/HOU, dated 14 May 2010,
subject to the following conditions:
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: 978-001A, 978-002, 978-004, 978-
005, 978-006, 978-007, 978-008 and 978-009
3) The materials to be used in the construction of the external surfaces of
the extension hereby permitted shall match those used in the existing

Main issue
3. There is one main issue which is the effect of the proposed extension on the
character and appearance of the original and the existing dwelling and the
surrounding countryside.

4. The appeal property, Badgers Sett is set in substantial grounds near the edge
of a scarp slope and has wide ranging views to the south east and south west.
It is well screened from land to the rear, which lies within the Malvern Hills
Area of Outstanding Natural Beauty (AONB), by existing vegetation. The
dwelling was originally a small cottage but has been significantly extended on a
Appeal Decision APP/J1860/D/10/21340762
number of occasions in the past and is now a substantial house. In
consequence much of the original cottage is masked by extensions and its
character has been considerably altered. However, part of the original front
elevation and one original side remain visible.

5. The proposed extension would result in a further significant enlargement of the
property. Nevertheless, the scale and design of the extension would be broadly
in keeping with that of the existing dwelling, it would have no material effect
on the living conditions of neighbours and it would not in my view adversely
affect the character or quality of the area or any important landscape or
topographical features, notwithstanding that it would be visible from a local
footpath. I therefore find no conflict with Policies DS3 and QL1 of the adopted
Malvern Hills District Local Plan 1996 – 2011 which expect new buildings to
respect and be appropriate to the surrounding area, including the immediate
setting and landscape character.

6. However, the extension would materially affect parts of the original building. It
would bring forward and replace part of the original front elevation and would
substantially alter the existing mixed, single storey and two storey side
elevation, replacing it with a uniform two storey wall and concealing that part
of the original dwelling which is currently visible. It would therefore conflict
with Policy CN9 (a) which requires extensions to be subordinate to the original
dwelling and not substantially alter their original character. Notwithstanding the
effect of the previous extensions, this policy conflict indicates that a further
extension to the dwelling would be inappropriate and that the appeal should
not succeed unless material considerations indicate otherwise. Of most
significance is the fallback position.

7. In March 2010 the Council approved a Certificate of Lawfulness for a
substantial extension to the front elevation of the dwelling. This would in part
cover the same footprint as the appeal scheme but would extend the dwelling
further forward, well beyond the existing front building line, and would be
larger and more visually intrusive than the appeal proposal. It would
incorporate a large expanse of glazing which would be uncharacteristic on the
principle elevation. Overall the extension would dominate and materially harm
the front of the building and would be the most prominent feature when viewed
from the nearby public footpath. Nevertheless, when seen from the side, part
of the original dwelling would remain visible, a fact to which the Council
attached significant weight. However, it would be dwarfed by the proposed
extension, which would have a higher ridge and eaves and would have an
awkward juxtaposition with the original roof.

8. The lawful extension would provide a spacious and practical internal layout and
I consider that there is a significant possibility that it would be built. This would
result in a dwelling that was larger than the appeal scheme and an extension
which, in my view, not only failed to be subordinate to or sympathetic with the
original cottage but also significantly harmed the character and appearance of
the existing dwelling and was materially detrimental to the character of the
surrounding area. I therefore find that substantial weight should be afforded to
this fallback position which I consider to be sufficient to outweigh the conflict
with Policy CN9 (a) that I have identified.
Appeal Decision APP/J1860/D/10/21340763

9. I conclude on the main issue that the materially detrimental effect that the
proposed extension would have on the character and appearance of the original
dwelling is clearly outweighed by the curtailing of the risk that the lawful,
fallback extension, which would have a seriously harmful effect on the
character and appearance of the existing dwelling and the surrounding
countryside, might be built. For this reason the appeal should be allowed.
10. The Council has suggested a condition requiring the proposed extension to be
built using materials which match the existing dwelling. This is necessary in
order to preserve the appearance of the dwelling and the surrounding area. In
addition, a condition requiring that the development is carried out in
accordance with the approved plans is necessary for the avoidance of doubt
and in the interests of proper planning.

11. Third parties, including the Parish Council, have raised objections to the appeal
proposal because they consider that the dwelling has been enlarged enough
already, that the proposed extensions would fail to comply with adopted Local
Plan policy and that the appellant is attempting to gain permission by
threatening to build something worse. However, the lawfulness of the larger
extension has been established and as such the appellant is entitled to exercise
his right to build it. This is a material planning consideration which I have found
to be of sufficient weight to justify allowing the appeal.

12. For the reasons set out above and having regard to all other matters raised I
conclude that the appeal should be allowed.
K E Down

Thursday, 7 October 2010

Council waste strategy needs local people's views

Worcestershire County Council wants to know what local people think about how all the waste produced in the county should be managed, including possible locations for  where waste management facilities could be allowed or, if not, why not and what they think it should say.
waste coreMore than 50  locations, mostly industrial estates, have been identified as being suitable in principle for waste facilities, provided they also comply with a whole set of tests to protect the environment and local people. All of the details have been put online and the council wants to know whether Worcestershire residents agree with the plans.

Friday, 17 September 2010

Man, 76, avoids jail over Castlemorton Asbo breaches

Richard Dawe, 76, of Hollybed Street, Castlemorton, must observe a curfew after admitting three breaches of an anti-social behaviour order (Asbo). An elderly man who tormented his neighbours by singing loudly outside their homes and insulting them has been given a 16-week suspended jail term.
The Asbo bans him from causing neighbours fear or distress, Worcester Crown Court heard on Wednesday.
Police said Dawe subjected neighbours to daily verbal abuse and threats.
Sgt Geoff Murphy, from South Worcestershire Police, said Dawe had been the subject of Asbos since 2004 and had breached them on several occasions.
In December 2008 he was charged with breaching the Asbo in the Worcestershire village, he said.
Mr Murphy said: "It started with threats, verbal abuse and from there it just moved on to (what) some people would regard as perhaps antagonising behaviour but when it happens day after day after day and you wake up with a knot in your stomach not knowing if it's going to happen again today it must be a pretty awful feeling."
Dawe was given a three-month curfew which requires him to be at home between 2200 and 0600.

Thursday, 16 September 2010

Draft Minutes September meeting


Draft minutes of the meeting of Castlemorton Parish Council held on
Thursday 2nd September 2010 at the Parish Hall, commencing at 7.30p.m.




Angus Golightly (Chairman), Mary Watts, Bill Bowen, Lionel Bartlett, & Don Lupton,


In Attendance: 


Members of the Public: 



27/2010. Apologies

Apologies Cllrs. Smallwood,Bradshaw,Downs & Fryman and accepted, also District Cllr. Watkins.


28/2010. Declarations of interest

There were no declarations of interest.


29/2010. Minutes of the Previous Meeting

It was RESOLVED that the draft minutes of the annual meeting of 6th July 2010 were a true record of that meeting.


30/2010. Progress Reports

  • Footpaths: As Parish Path Warden the Chairman reported that he had advised the County Council of temporary closure of footpaths CM562 (North end) & CM 564 (West end) whilst bridge/drainage/improved access work was carried out by local resident (Mr David Wood) at the rear of his property Bannut Tree Cottage. Mr Wood having previously contacted the County Council to no avail. The work is near completion and the Chairman has reinstated the footpath way signs.

    The chairman reported that there was confusion over the finalisation of work to complete footpath CM 595 in the area of Chandlers Cross. The fence obstruction was to be removed and a new footpath finger post erected. The residents have now expressed concerns about track maintenance. Cllrs agreed that this footpath would be maintained in a similar manner to all other parish footpaths including those in conjunction with Malvern Hills Conservators and finalisation of said footpath be completed ASAP.


  • Highways 17/2010: Clerk was seeking written/verbal confirmation from the County Council of the areas of repair actioned and to be actioned. Only a Hub receipt to date.


    Further highway matters to be reported include damaged marker bollards opposite The Old Smithy on the B4208, south side of New Road and pot holes along quarry road in the vicinity of Bowling Green Farm.


  • Winter Service Report completed by County Council. Awaiting news of grit bins.


31/2010. Finance Report


  1. Payments


It was RESOLVED that the following payments be made:






Authorised Payment



6th July




Less Expenditure 


No 656 Clement Keys



External Audit



No 657 Clerk



Wages Aug/Sept 



No 658 Watts 



Parish Hall blinds 







Monies Available

2nd September





NB Clement Keys charge rates are directed by Councils receiving grants hence this invoice is an increase on previous years.


32/2010 District Councillor Report

Cllr Watkins reported on:

  • The impending Medium Term Financial Plan

  • Changes affecting the NHS across Worcestershire including management of the new Malvern Hospital.


33/2010. Planning

a) Report of planning applications received/decided since last meeting was noted.


Number        Description                Address         Status



Proposed 2 storey rear and side extension with dormer windows.

Sherwood Cottage Eight Oaks

MHDC: Approved 14/7/10


Demolition of outbuilding and construction of single storey extension to provide dependent accommodation

Grove farm Druggers End


MHDC: Approved 3/8/10


2 storey side & front extension alternative to approved scheme. 10/00106/CPU

Badgers Sett

Morton Green 

MHDC: Refused 28/7/10.

Applicant appealed 18/8/10


New entrance and replacement roof over existing garage. 

Hope Orchard

Glos. Rd. Castlemorton

PC: No objection 


In his absence Cllr Fryman had previously reported to the Parish Council that he had received acknowledgement from his letter to Harriet Baldwin MP re permitted development. (Minute 17/2010)This includes responses from The Planning Inspectorate and Communities and Local Government. In conclusion the aim is to ''radically reform the planning system to give neighbourhoods far more ability to determine the shape of the places in which the inhabitants live.''


    Alleged Breach of Control re Biddles Farm & Caravan at Broomhill Coppice. MHDC have allocated a Physical Harm Priority 3 to both these cases and they will be investigated by the Enforcement Officer.



34/2010. Correspondence

A list of the correspondence, Appendix 1 received, was advised by the clerk to councillors and hardcopies were available for Councillors to view.



35/2010. Parish Hall Trust


Trustees reported;

  • 2 blinds have been purchased for the west windows at a cost of £52.00 and awaiting installation.
  • Faulty fan in the ladies toilet, RESOLVED new fan be purchased/fitted by electrician asap.
  • Specification for replacement windows being presently sought.


Chairman reported that the Bat Survey by J Birks of Swift Ecology (at a quoted cost of £988 plus vat) was under way the first count recently conducted.


Still seeking 25% support grants to the main Leader application for the major proposed capital work on the Parish Hall. Looking at Awards For All, Landfill and Community First – Grass Roots.


In anticipation of success with grant applications it was RESOLVED to seek support with Bank Rolling (Bridging Loan) from MHDC – Finance & Resources as previously advised by Joel Killer. This would assist finances, so paying contractors when tasks completed prior to grant receipts.


36/2010. Big Chill


  • Revenue for Parish Hall Trust following donation from ticket receipts was £1,775.00.
  • The chairman was due to meet Big Chill organisers for a post event evaluation.


37/2010. CALC Updates


Particular Issues:

Competence and The Big Society & Capping the Precept


38/2010. Any Other Business/Items for the next Meeting:

Any further agenda items should be advised to the Clerk prior to the next meeting including any areas of work within the remit of the Lengsthman.


39/2010. Next Meeting


It was RESOLVED that the next meeting will be held at 7.30 pm on Thursday 4th November 2010 in the Parish Hall.



Future dates for Parish Council meetings as follows:


Thursday 13th January 2011 NB THIS IS A DATE CHANGE

Thursday 10th March 2011 Thursday 12th May 2010


There being no other business, the meeting closed at 9.50 pm.



Sunday, 15 August 2010

Nimby' charter will help small groups block development. Good or Bad?

David Cameron's Big Society vision will make it easier for a handful of Nimbys to block new homes in rural areas, killing village life and hastening the demise of post offices, schools and pubs, a damning report will warn this week. It condemns a plan to allow just 10 per cent of villagers to block new homes for local people as a "giant step backwards".

Saturday, 14 August 2010

Proposed Development Hope Orchard,

New Entrance and Roof over Garage.   ref:10/00910/HOU

Image Album.

From Hope Orchard 2010 august

Wednesday, 4 August 2010

Eastnor Parish Council Unhappy with the BIG CHILL Arrangements.

This is a copy of a letter sent to all the Eastnor Parish residents.

As from:  2 The Triangle, Eastnor, HR8 1RA
31st July 2010
To the Residents of the Village of Eastnor, Forming part of the above mentioned Parish.
The wording and presentation of some of the letters you have received concerning this year's event have not been in the style or tone that we would have liked; indeed letters from Big Chill Republic were meant to have been sent to us for approval prior to postage. Big Chill Republic have apologised for this as an oversight on their part.
When the original organisers of the Big Chill first brought the festival here in 2001 this council was asked if it would distribute free one day tickets for the residents of the parish on their behalf, as with intimate local knowledge we would be able to do so most fairly. At that time it was agreed within the council that this activity, whilst being more in line with what a residents association might do and NOT within the remit of a Parish Council, could be included within it's activities, as a gesture of goodwill both to the festival and the residents.
Every year the Parish Council has acted in accordance with the wishes of the organisers of the Big Chill as to what is given to whom and when, not on any other initiative.
The new owners of the Big Chill, rather than being a new organisation of old faces, are a much larger organisation with more experience in facilitating an event of this nature on this scale. In fact, this is a rather smaller event than some others in their portfolio, with a lower public profile. Understandably, they do things differently, hopefully better than we have experienced before, because it is what works elsewhere.
Collecting money from residents in return for access to the event is something that they do, with success, elsewhere. This is why you have been asked for £25 for each adult at your home, and why you have been asked to make payment to this Parish Council, even though the ticket remains ostensibly free.
When this was presented to us, we replied that we did not think that this would be acceptable here, even though the principle is laudable and that things could probably always have been this way.
However, it is not this Council's decision to make, nor is it within it's power to oppose. Nor was the subsequent decision that some residents should not pay at all.
Whilst we regret all this, we are not in a position to do anything about it. Any resident who wishes to do so must make any complaint to Big Chill Republic.
In the case of any local inconvenience before or during the festival Big Chill Republic (01531 635371) are keen to be informed as soon as possible so that it may be dealt with as swiftly as possible. In the case of any suspected criminal activity or trespassing then the Police must be informed as well.
We and Big Chill Republic are keen to hear any and all comments about this year's event, and plan to hold a public meeting at around the time of the next scheduled Parish Council meeting at the end of September.
Matthew Collis-Long, Chair,
Eastnor & Donnington Parish Council

Friday, 23 July 2010

Villages could get housing development powers

The government plans to enable villages in England to build homes without seeking council planning permission.

Watch this space and prepare to wear your seatbelt... arguments could tear villages apart.

Follow this link:-

Tuesday, 22 June 2010

BIG CHILL 5th - 6th AUGUST 2010

BIG CHILL 5th - 6th AUGUST 2010
Application forms for Big Chill Festival Neighbours
Tickets ( for residents of Castlemorton ) are available
from the Parish notice board at Castlemorton Parish Hall,
Church Road, Castlemorton, WR13 6BE
Closure date for applications ( only on their form ) is
FRIDAY 9th JULY. Please read their detailed information
carefully & follow the instructions accurately

Thursday, 20 May 2010

Lib Cons new manifesto for communities and local government.

The Government believes that it is time for a fundamental shift of power from Westminster to people. We will promote decentralisation and democratic engagement, and we will end the era of top-down government by giving new powers to local councils, communities, neighbourhoods and individuals.

We will promote the radical devolution of power and greater financial autonomy to local government and community groups. This will include a review of local government finance.

We will rapidly abolish Regional Spatial Strategies and return decision-making powers on housing and planning to local councils, including giving councils new powers to stop ‘garden grabbing’.

In the longer term, we will radically reform the planning system to give neighbourhoods far more ability to determine the shape of the places in which their inhabitants live, based on the principles set out in the Conservative Party publication Open Source Planning.

We will abolish the unelected Infrastructure Planning Commission and replace it with an efficient and democratically accountable system that provides a fast-track process for major infrastructure projects.

We will publish and present to Parliament a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities.

We will maintain the Green Belt, Sites of Special Scientific Interest (SSSIs) and other environmental protections, and create a new designation – similar to SSSIs – to protect green areas of particular importance to local communities.

We will abolish the Government Office for London and consider the case for abolishing the remaining Government Offices.

We will provide more protection against aggressive bailiffs and unreasonable charging orders, ensure that courts have the power to insist that repossession is always a last resort, and ban orders for sale on unsecured debts of less than £25,000.

We will explore a range of measures to bring empty homes into use.

We will promote shared ownership schemes and help social tenants and others to own or part-own their home.

We will promote ‘Home on the Farm’ schemes that encourage farmers to convert existing buildings into affordable housing.

We will create new trusts that will make it simpler for communities to provide homes for local people.

We will phase out the ring-fencing of grants to local government and review the unfair Housing Revenue Account.

We will freeze Council Tax in England for at least one year, and seek to freeze it for a further year, in partnership with local authorities.

We will create directly elected mayors in the 12 largest English cities, subject to confirmatory referendums and full scrutiny by elected councillors.

We will give councils a general power of competence.

We will ban the use of powers in the Regulation of Investigatory Powers Act (RIPA) by councils, unless they are signed off by a magistrate and required for stopping serious crime.

We will allow councils to return to the committee system, should they wish to.

We will abolish the Standards Board regime.

We will stop the restructuring of councils in Norfolk, Suffolk and Devon, and stop plans to force the regionalisation of the fire service.

We will impose tougher rules to stop unfair competition by local authority newspapers.

We will introduce new powers to help communities save local facilities and services threatened with closure, and give communities the right to bid to take over local state-run services.

We will implement the Sustainable Communities Act, so that citizens know how taxpayers’ money is spent in their area and have a greater say over how it is spent.

We will cut local government inspection and abolish the Comprehensive Area Assessment.

We will require continuous improvements to the energy efficiency of new housing.

We will provide incentives for local authorities to deliver sustainable development, including for new homes and businesses.

We will review the effectiveness of the raising of the stamp duty threshold for first-time buyers.

We will give councillors the power to vote on large salary packages for unelected council officials.

Read the full deal here DIRECT GOV  It downlads a PDF for you to read at your leisure.

Monday, 19 April 2010

Anyone up to 40Megabit's! this is an option.

Following the official launch of the next-generation broadband services in Lyddington this afternoon, Rutland Telecom has announced similar plans to enable the village of Erbistockclose to the Welsh-English border, bringing 'up to 40 meg' speeds to aAlign Centre rural area where many people currently receive no broadband services at all.

"Rutland Telecom is encouraging and assisting rural communities to explore ways of raising the necessary capital such as looking at partnerships or joint ventures, which will ensure local investors get a financially attractive and acceptable rate of return. Its financial model takes into account potential population sign up and service charges and can demonstrate not only the investment required but a rate of return to be enjoyed by those willing to take part. Over the past few months we have been in discussion with several groups outside of Rutland who have all expressed interest in what we have achieved here.

This will be a joint venture between Rutland Telecom and a local group of investors. They will use the higher speeds delivered by the Next Generation Broadband service to assist with their rural commercial office development. It will also allow them to benefit the local community by providing a service in that area."

Mark Melluish, Rutland Telecom

Sunday, 11 April 2010

Remember Environmental Forum Wed 14th

A Discussion on Generating Electricity from the Sun
Make 8% p.a. Tax Free
In the Parish Hall at 7:30 on Wednesday the 14th of April.
A presentation by local resident Don Lupton describing the installation, cost, performance and income from his recently installed photovoltaic system.
Entry is Free
Everyone is Welcome


Saturday, 27 March 2010

Amended plans for Bradfords Farm

We have recieved amended plans for the replacement farm.
You can view the elevations and plans here.

From Bradfords Farm Ammended Plans 12-3-2010

Friday, 19 March 2010

Parish Clerk Needed

Our existing Parish Council Clerk has left us and we seek another.
If you are interested in this fascinating administrative role please contact us.

Badgers Sett Update

Planning Application Summary

Planning Application Summary for 10/00106/CPU

Officer name
Sarah Errington
Type of application
Certificate of Lawful Proposed Use
Approval (Lawful Proposed Use/Dev)
Decision date
Appeal decision
Appeal date
Subject to 106
Not Subject to a S106
Type of development
Q26 Other - Certificates of Lawful Development
Morton Ward
Welland CP

Sunday, 14 March 2010


A Discussion on Generating Electricity from the Sun
Make 8% p.a. Tax Free
In the Parish Hall at 7:30 on Wednesday the 14th of April.
A presentation by local resident Don Lupton describing the installation, cost, performance and income from his recently installed photovoltaic system.
Entry is Free
Everyone is Welcome


Tuesday, 23 February 2010

Bradfords Farm - rebuild plans

I have archived the drawings for the proposed rebuild of Bradfords Farm.
You can view the plans here. Please comment below the Parish Council would like to hear your views of this application in such a sensitive area.

Tuesday, 2 February 2010

Badgers Sett - application Jan - Feb 2010

From Badgers Sett. 2010

Re Application 10/00106 View the documentation on the Malvern Hills Application Search. ( a tedious process!)

We have received a rather unusual application from Mr Garlands agent. He is applying for a Lawful Development Certificate for a Proposed Use or development. This relates to some plans that he has submitted to define the proposal.

I have attached a number of documents that I hope you will peruse carefully. You will remember that we have had a number of problems with developments from this applicant and opposed his last submission to build a two story gabled extension on the rear and to replace a substandard lean to building. He was, despite our entreaties granted permission for this latest development.

Clearly this does not suit his requirements and new plans would indicate that he has revisited the project. Though this time he is employing a new tactic that he hopes will push through his proposal

In effect Mr Garland proposes to build all the previous extensions but also add some very llarge additions to the front elevation of the building.

The internal layout will be extensively modified and rationalised.

I enclose images of the proposal here:-

There are 8 pictures, best viewed as a slide show, please allow sufficient time for them to download, I was loath to degrade their quality. The last two images have I included to remind you of the front elevation and the ground floor plan also gives you indication of the existing internal layout.

We have consistently objected to Mr Garlands proposals on the grounds of scale and inappropriate design. The original cottage (not a farm as he states) has been swamped by his previous extensions. This proposal would completely obliterate the original building.
In no way is it subservient to the original building or even the extended building. If you look carefully at the proposal the cottage can now be found as the 'lobby' in the centre of the building.
In some ways I would argue that it may be better if the whole building were demolished and an architect brought in to design something new and with some architectural integrity.

However we see in the letter from Sarah Errington we cannot object on the planning merits of the development, use, operation or activity in the application (such as amenity, design or landscape impacts) as these are not relevant . The issue of a certificate depends entirely on factual evidence about the history and planning status of the building or other land and the interpretation of any relevant planning law or judicial authority.

I personally see this as an attempt to circumvent normal planning procedures and local consultation. As the Castlemorton PC have proved difficult in the past the applicant is seeking a 'lawful' method of achieving his wishes. Thereby bypassing any planning consultation and and any constraints that may temper or modify the development.

The Planning department will be in a better position to rule on the 'lawfulness' of the application. The main issue relates to the new front extension which is applying for lawfulness as a permitted development. If granted the building could proceed and would be built without any further planning application.This refers to the amended Town and Country Planning Acts. details of which can be found here.

We can only urge them to take care, as if they bow to legal pressure or the threat of further legal challenge we would be left with a precedent and an example that would be used by others to initiate other unfortunate and very inappropriate developments of which this is a example. As you can see from the front elevation the new building is in my opinion not a thing of beauty and compounds some very unfortunate designs.

We are seriously concerned that 'permitted' developments will proliferate. Extensions will be added to extensions and any notion of aesthetic or architectural integrity will be lost. If we cannot be consulted as to the merits of the proposal then the exercise is irrelevant and academic and can only be seen as a cynical attempt to bypass any planning consultation.

Please let me have your views and I will proceed with a statement that reflects your wishes. If you read the supporting statement you may well find issues that can be challenged. You can view the original on the planning hub. Comment on this site yourself using the appropriate link. The deadline is 11th February 2010

Jerry Fryman