Appeal 6000433

The appeal is allowed, and planning permission is granted for development of a live/work unit at [site address] ), [site address] [postcode] in accordance with application Ref: W/25/01089/FUL, without compliance with condition 2 previously imposed on planning permission Ref: W/24/00633/FUL, dated 18 October 2024, and subject to the conditions in the attached schedule.

An application for an award of costs was made by [name] against Wychavon District Council. This application is the subject of a separate Decision.

During the course of the appeal, the appellant submitted details of another appeal decision (Ref 6000823), decided on 8 October 2025, relating to a live/work proposal. Given apparent similarities with aspects of this appeal the Council was given the opportunity to comment and any comments have been taken account in this appeal.

Planning permission was granted for development of a live/work unit, with living accommodation under a pitched roof and work accommodation under a flat roof. An application was subsequently submitted seeking to vary condition 2 that lists the approved plans. This sought to enable the live/work development to be carried out to an alternative design, including pitched roofs on both parts of the proposed development. That application was refused in light of the Council’s concerns that the design of the revised scheme would not achieve a genuine live/work unit and instead would allow occupation of the unit as a whole as living accommodation.

Therefore, the main issue is whether the proposed alterations to the design of the live/work unit would continue to satisfy Policy SWDP8 G parts i. and iii of the South Worcestershire Development Plan (February 2016) (Local Plan).

Part i of Local Plan Policy SWDP8 G requires that the residential use is ancillary with a ratio of at least 60 per cent employment floorspace and no more than 40 per cent residential. The proposed floor plans indicate that the proposal would provide 60 per cent working space, with 40 per cent living accommodation. There is consistency in the design of the proposed live and work accommodation. For example, both have a proposed roof overhang to provide shading to large glazed areas. However, I am not persuaded that the consistency of its external design, and the use features such as bi-fold doors and roof lights, would be incompatible with use of the space for working.

The Local Plan glossary defines live-work accommodation as being ‘purpose designed’. Nonetheless, Policy SWDP8 G does not require evidence that a proposed live/work development would satisfy a particular business need. In any event, the proposed layout plan identifies how the work unit would be used. This comprises a meeting room, office, store, wet room and workshop. As such, it is clear that the proposal has been designed to provide practical work space, adjacent to the proposed living accommodation. There is no policy requirement for the work space to be designed with a utilitarian appearance or as open plan space to provide flexibility. In any event, the proposed use of glazing and internal division of rooms would not prevent flexible working or alternative work uses in the future. In addition, the work accommodation would have a separate entrance to the living accommodation and its own toilet facilities, in compliance with Policy SWDP8 G pat iii.

The Council refers to policy SWDPR14 in the emerging South Worcestershire Development Plan Review (Local Plan Review). That sets out new criteria for assessing live/work accommodation. It includes requirements that the proposed work floorspace would provide for an established business that has been trading for at least three years. The Local Plan Review has been submitted for examination and subject to hearings. Furthermore, the Council has advised that the Inspectors did not raise questions or request modifications on SWDPR14. However, as the extent of unresolved objections on that policy are unclear, it attracts limited weight in the determination of this appeal. Moreover, an absence of reference to live/work units in the National Planning Policy Framework does not indicate that permission for such uses should be withheld.

The Council has drawn attention to other appeal decisions, albeit limited details of those proposals are before me to make a meaningful comparison. In respect of the [name] decision, the Inspector found the scheme would be predominantly residential in nature. Whereas for the reasons given I have found that the majority of this scheme would provide work space. Furthermore, although the proposed work unit would have large glazed rear facing windows, the live unit would have useable outside space to its side that would not be overlooked by the work space. Consequently the proximity of domestic outside space would not be likely to prevent or interfere with use of the work space to any great extent.

The appeal decision for the scheme in Greenwich found that the layout amounted to a typical dwelling rather than a live/work unit. However in that case, work accommodation appears to have only comprised space for a desk. Similarly, the proposals for the Reading appeal decision were described as four bedroom family homes incorporating a modest office space. Whereas in this case the work space would be distinguishable, being within an adjoining building, and including a workshop. Consequently, those cases are not sufficiently comparable to alter my reasoning on this main issue.

Therefore, the proposed alterations to the design of the live/work unit would continue to provide live/work accommodation to satisfy Policy SWDP8 G parts i. and iii of the Local Plan.

Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires the decision maker to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. [name] listed [address] and [address] are situated to the south of the appeal site. Insofar as it relates to this appeal their significance is primarily derived from their architectural interest and rural setting. Given the modest scale of the proposal, intervening land and vegetation and lack of a strong historic resonance between the listed buildings and the appeal site, the proposal would not harm their significance.

For the reasons given above, the appeal should succeed. Therefore, condition 2 is varied to reflect the revised plan references.

The guidance in the Planning Practice Guidance makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. Accordingly, the relevant conditions have been restated below with only minor alterations where necessary for clarity, without wholly changing their meaning. Conditions 3 to 7 are necessary to define the permission and to control its use as a live/work unit. Conditions 8 to 10 are necessary in the interests of highway safety. Condition 11 is necessary to ensure the proposal is suitably drained. Condition 12 on construction hours is necessary to protect the living conditions of nearby residents.

The development hereby permitted shall begin not later than three years from 18 October 2024.

The development hereby permitted shall be carried out in accordance with drawing nos: p2025_012 / 02; p2025_012 / 03; and p2025_012 / 04

The business or ‘work’ floorspace of the live/work unit (as shown on the approved plans listed under Condition 2) of the development hereby approved shall be used for any of Use Class E(g)(i) offices, E(g)(ii) research and development or E(g)(iii) industrial processes only and for no other purpose, including any other purpose in Class C or Class E of the Schedule to the Town and Country Planning ([name]) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

The work element of the live/work unit hereby permitted as shown on the approved plans listed under condition 2 shall be ready for occupation before the residential floorspace is occupied and the residential use shall not precede commencement of the business use.

The residential and work floorspace areas of the live/work unit hereby permitted shall not be sold, let, or sublet separately from each other.

The residential floorspace of the live/work unit hereby permitted shall not be occupied other than by a person solely or mainly employed, or last employed in the business occupying the work floorspace of the associated unit, a widow or widower of such a person, or any resident dependents (dependents are defined as parents, grandparents, children, or grandchildren).

At the point of first occupation and use of the live/work unit hereby permitted (and each subsequent occupation thereafter), the local planning authority shall be notified in writing within 28 days of such occupation of the unit with the following details: name of the business/ company utilising the live/work unit; nature of the business/ company; and name of the principal owner/ occupier.

The development hereby permitted shall not be first occupied until the existing vehicular/pedestrian access shall be permanently closed in accordance with details that shall have been submitted to and approved in writing by the local planning authority.

The development hereby approved shall not be first occupied until the access proposals have been provided in accordance with the details shown on [name] p2025_012 / 03 and these shall be retained as such thereafter.

Nothing shall be planted, erected and/or allowed to grow on the triangular area of land that would obstruct the approved visibility splay established by the access proposals under condition 9.

The development hereby permitted shall not be first occupied until full details of all foul and surface water drainage systems to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter.

Demolition, clearance or construction work and deliveries to and from the site in connection with the development hereby approved shall only take place between the hours of 0800 and 1800 Mondays to Fridays and 0800 and 1300 on Saturdays. There shall be no demolition, clearance or construction work or deliveries to and from the site on Sundays or [name].