The Timber Yard Crabbe Lane Wadborough Worcester WR8 9HF

1. 1.This application has been submitted as an: "Application for Removal or Variation of a Condition following Grant of Planning Permission", with the level of detail submitted being commensurate with this application type, facilitating validation. Section 73 is for the determination of applications to develop land without compliance with conditions previously attached. Section 73(4) of the Town and Country Planning Act 1990 states: "This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun". There are several instances where pre-commencement conditions on W/22/02124/FUL have not been fully discharged, including conditions relating the contamination and tree protection, and these may go to the heart of the permission. Per condition 1 of W/22/02124/FUL, the approval expired after three years from 20 February 2023. Therefore, in the absence of a Lawful Development Certificate to confirm that the development for a live work unit under reference: W/22/02124/FUL, was lawfully implemented, there is no compelling evidence to confirm that the original permission is extant. In the absence of substantive evidence to the contrary to indicate that the development has been lawfully implemented, section 73 does not apply and it is therefore not possible to vary or remove a condition attached to the permission which is now beyond the time limits for implementation. For the same reasons, it is considered that insufficient information has been submitted to assess the development under Section 73A(2)(C) of the Town and Country Planning Act 1990 which his for non compliance with some condition subject to which planning permission was granted. Insufficient information has therefore been submitted to assess the development in line with Sections 73 or 73A of the Town and County Planning Act as submitted.

From the council's decision notice.

Postcode

WR8 9HF

Application type

Full planning permission

Scale / size

Small

Parish

Drakes Broughton and Wadborough

Date validated

28 January 2026

Consultation expiry

5 March 2026

Consultation start

2 February 2026

Consultation end

5 March 2026

Agent address

2430/2440 The Quadrant Aztec West Bristol BS32 4AQ

Advertisement expiry

5 March 2026

Documents

21