| Application Number | 25/01070/CLE |
| Status | Refused |
| Application Valid |
|---|
| 27/11/2025 |
| Consultation End |
|---|
| 19/12/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 21/01/2026 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | 25/01070/CLE |
| Location Address | Units 1, 2 and 5 Elm Road Worcester WR2 5JY |
| Proposal | Certificate of Lawfulness of existing use to demolish units 1,2 and 5 and replace with a new 2 storey building for commercial storage (Use class B8) as approved under planning permission reference 19/00614/FUL. |
| Status | Refusal |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 27/11/2025 |
| Application Valid Date | 27/11/2025 |
| Consultation Start Date | 28/11/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 19/12/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 21/01/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Emily Mckenzie |
| Parish | Worcester City |
| Ward | St. Clement Ward |
| Applicant | Mr Simon Atkins, Green Self Storage |
| Agent | Mr John Jowitt, PJ Planning |
| Agent Address | Cradley Enterprise Centre Box no.15 Maypole Fields Cradley B63 2QB |
| Condition Details / Information Notes |
| Worcester City Council of The Guildhall, High Street, Worcester WR1 2EY HEREBY REFUSES to issue a Certificate of Lawful Development (Existing) under Section 191 of the Town and Country Planning Act 1990 in respect of the matter described above and the land shown edged red on the submitted plan, for the following reason: The evidence submitted fails to demonstrate, on the balance of probabilities, that development authorised by planning permission reference 19/00614/FUL was lawfully commenced within the time limit prescribed by Condition 1 of that permission. The activities relied upon, including demolition works and archaeological investigations, are preparatory in nature and do not constitute the carrying out of building operations or other operational development sufficient to amount to commencement under Section 56 of the Town and Country Planning Act 1990. The demolition works were undertaken pursuant to a separate prior approval and cannot reasonably be relied upon as commencement of the development authorised by the planning permission. As the development was not lawfully commenced within the requisite three-year period, the planning permission has lapsed and the certificate sought cannot be granted. |
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 | |||||
| 01.Application Form | 28/11/2025 | Applicationformredacted | (261kb) | - | |
| 02. Supporting Information | 28/11/2025 | Covering letter | (223kb) | - | |
| 02. Supporting Information | 28/11/2025 | Archaeological evaluation | (4082kb) | - | |
| Plans | |||||
| 04. Site/Location Plan | 28/11/2025 | 2349 0000 P2 Location Plan | (156kb) | - | |
| Decision | |||||
| 11. Decision Information | 21/01/2026 | Delegated Report | (481kb) | - | |
| 12. Decision Notice | 21/01/2026 | Decision Notice | (166kb) | - | |
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.
| Address | Sent | Reply Received |
|---|---|---|
| 100 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 193 Hylton Road WORCESTER WR2 5LA | 28/11/2025 | |
| 195 Hylton Road WORCESTER WR2 5LA | 28/11/2025 | |
| 197 Hylton Road WORCESTER WR2 5LA | 28/11/2025 | |
| 199 Hylton Road WORCESTER WR2 5LA | 28/11/2025 | |
| 201 Hylton Road WORCESTER WR2 5LA | 28/11/2025 | |
| 88 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 88A Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 90 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 92 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 94 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 96 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| 98 Henwick Road WORCESTER WR2 5NY | 28/11/2025 | |
| Monarch Car Sales Hylton Road WORCESTER WR2 5JS | 28/11/2025 | |
| The Haven Elm Road WORCESTER WR2 5LA | 28/11/2025 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Councillor Alex Kinnersley(St Clements) | 28/11/2025 | 19/12/2025 | ||
| Councillor Tor Pingree(St Clements) | 28/11/2025 | 19/12/2025 |
| Constraints List |
| Canal and River Trust Major household and residental development - Consultation email: planning@canalrivertrust.org.uk |
| Contaminated Land |
| Flood Zone 2: Medium |
| Flood Zone 3: High |
| Resident Association: St Johns Traders Association - criteria: All Applications - apgrecno:3 - contact email: stjohnstradersassociation@gmail.com |
| SWDP 6: Conservation Area |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| SWDP Policy Area: Yellow |
| Air Quality Management Area: Worcester City AQMA |
| No associated appeals |