Application Number M/23/01514/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    13/08/2024
  • Consultation
    End
    25/11/2024
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    20/12/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/23/01514/FUL
Location Address Court House Nursing Home 3-5 Court Road Malvern WR14 3BU
Proposal Phased development to existing C2 site. Two phased demolition and construction with two new buildings with associated parking and landscaping
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 30/10/2023
Application Valid Date 13/08/2024
Consultation Start Date 21/11/2023
Site Visited / Site Notice Date
Consultation End 25/11/2024
Advert Expiry 14/09/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 20/12/2024

Further Information
Expected Decision Level Delegated
Case Officer Anna Priestley-Clarke
Parish Malvern CP
Ward Barnards Green Ward
Applicant Mr Raymond Mortimer, RM Design Group
Agent Mr Raymond Mortimer, RM Design Group
Agent Address 18 west bank Goole DN14 9EF

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents: - 01 - Building 1 - Basement & Ground Floor - 02 Revision A - Building 1 - First & Second Floor - 03 Revision A - Building 1 - Roof Plan - 04 Revision B - Building 1 - Elevations 1 & 2 - 05 Revision B - Building 1 - Elevations 3 & 4 - 06 Revision A - Building 1 - 3D View 1 - 07 - Phase 1 Demolition - 10 - Building 2 - Ground & First Floor - 11 Revision A - Building 2 - Second Floor & Roof - 12 Revision B - Building 2 - Elevations 1 & 2 - 13 Revision B - Building 2 - Elevations 3 & 4 - 14 Revision A - Building 2 - 3D View 1 - 15 - Phase 2 Demolition - 16 Revision D - Site - Proposed Site - 17 - Site - Proposed Site (Red Line Boundary) - 18 - Contextual 3D Visuals - View 1 - 19 - Contextual 3D Visuals - View 2 - AVAL/92995/500/03 - Proposed Excedence Flow Route. Reason: To define the permission.
Unless an alternative phasing plan is first submitted to and agreed in writing with the Local Planning Authority. Phase 2 of the development as details in the submission, shall not commence until Phase 1 has been substantially completed, in accordance with the approved details and phasing. If an alternative phasing plan is submitted to and agreed in writing with the Local Planning Authority the scheme shall be carried out fully in accordance with those approved details. Reason: In the interests of safeguarding the amenities of the area and to comply with Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
No building operations/development above slab level shall commence until details of the materials to be used in the construction of the external surfaces of the care home development hereby permitted have been submitted to and approved in writing by the local planning authority. The details to be submitted shall include:- - type, colour, texture, size, coursing, finish, jointing and pointing of brickwork/stonework; - type, colour, texture, size and design of roofing materials; - re-use of the stone taken from the refucedstone wall into the areas of the elevations shown on the approved plans; - type of mortar; - a precise specification of the proposed external render or plaster and detailed specification of the mix, the number of coats and surface finish to be used; - detailed specification of any weatherboarding showing the dimensions, profile and a description of the stain or paint finish to be applied to the boarding: - external joinery details along with architectural details of the proposed external finishes, heads, sills, position in wall reveal and any surrounding dressings; - details of the approved rooflights, including drawings showing design, materials and profile; - details of external vents, ventilation slits, extracts and chimney flues including information on specification and colour; - details of external doors/garage doors including information on finish. The development shall be carried out using the materials as approved. Reason: To ensure that the new materials are in keeping with the surroundings and represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the A preliminary Ecological appraisal carried out by ACJ Ecology dated October 2023 and submitted with this application. In particular:- - Lighting should be designed to avoid light spill and site boundaries, and to provide enhance the dark corridor at the rear of the site. - Clearance of suitable habitats must be undertaken outside of the bird nesting season, and if this cannot happen an inspection should be carried out by an experienced ecologist before clearance. If active nests are discovered an exclusion zone should be created and work only continue when the young have fledged. - A biodiversity impact assessment to be submitted for approval by the local planning authority prior to commencement of development, to provide a measurable calculation of the biodiversity units on site before and after the development. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan.
Before the first use/occupation of the development hereby permitted a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:- (i) a plan(s) showing details of all existing trees and hedges on the application site. The plan should include, for each tree/hedge, the accurate position, canopy spread and species, together with an indication of any proposals for felling/pruning and any proposed changes in ground level, or other works to be carried out, within the canopy spread. (ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas. (iii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants. (iv) a written specification outlining cultivation and other operations associated with plant and grass establishment. (v) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting. All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
Prior to the occupation of each relevant phase of the development hereby permitted the approved renewable or low carbon energy generating facilities to be incorporated as part of the development shall be provided in accordance with the details of the submitted Energy Plan. Reason: To ensure the proposed development includes sufficient renewable/low carbon energy generating facilities to comply with Policy SWDP 27 of the South Worcestershire Development Plan 2016.
Prior to the first occupation of phase 1 of the development hereby approved, details of superfast broadband facilities or alternative solutions to serve the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority. The submitted details shall include an implementation programme. The facilities shall be provided in accordance with the approved details. Reason: To ensure the proposal incorporates satisfactory telecommunication facilities in line with policy SWDP26 of the South Worcestershire Development Plan 2016.
Prior to the first occupation of phase 1 of the development, details of refuse storage facilities to serve the development and each of the buildings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved refuse storage facilities shall be implemented prior to the first occupation of the associated phase of the development and retained thereafter. Reason: To ensure adequate refuse storage facilities are incorporated in the development and/or ensure high quality design in accordance with policies SWDP21 and SWDP33 of the South Worcestershire Development Plan.
No works or development shall take place until a scheme for the disposal of surface water has been submitted to and approved in writing by the Local Planning Authority. If the scheme includes surface water pumping, this will need to be justified and details including drawings, specifications, management plans and an assessment and mitigation plan in the event of pump failure, to be submitted and approved in writing by the Local Planning Authority. The approved management and pump failure plan shall be implemented prior to the first use of the development and thereafter maintained. Reason: In the interests of drainage and flood risk and to comply with Policies SWDP28 and SWDP29 of the South Worcestershire Development Plan 2016.
No works in connection with site drainage shall commence until a scheme for a surface water drainage strategy for the proposed development has been submitted to, and approved in writing by the Local Planning Authority. The strategy shall include details of surface water drainage measures, including for hardstanding areas, and shall conform with the non-statutory technical standards for SuDS (Defra 2015) and the Level 1 Flood Risk Assessment and Drainage Strategy (92995_Level1FRA_DS_RevB). If possible infiltration techniques are to be used and the plan shall include the details and results of field percolation tests. The scheme shall provide detailed design drawings for all drainage assets and should include run off treatment proposals for surface water drainage. Exceedance flows should not be directed to private property. Where the scheme includes surface water drainage assets proposals for dealing with the future maintenance of these assets should be included. The approved surface water drainage scheme shall be implemented prior to the first use of the development and thereafter maintained in accordance with the agreed scheme. Reason: In the interests of drainage and flood risk and to comply with Policies SWDP28 and SWDP29 of the South Worcestershire Development Plan 2016.
The development hereby approved shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. All demolition and construction shall be undertaken in accordance with the plan. Reason: In the interests of residential and general amenity and to comply with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
No development shall commence on site until full details of any proposed commercial kitchen ventilation system, including ? fume and odour mitigation ? Odour risk assessment ? Predicted noise levels from the ventilation system at the nearest residential receptors A scheme of works subsequently required shall be approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working condition at all times thereafter. Reason: In the interests of protecting amenity and to comply with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
No development shall commence on site until details of heating and air conditioning plant are provided along with their predicted noise impact on neighbouring premises are submitted to and approved by the local planning authority. Any mitigation works shall be implemented and maintained in effective working condition at all times thereafter. Reason: In the interests of protecting amenity and to comply with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
No development shall commence on site until a Microgeneration Certification Scheme (MCS) accredited installer has demonstrated the Air Source Heat Pump (ASHP) installation will meet the requirements of the MCS Planning Standard; and the ASHP will produce a noise level of no more than 42dB LAeq (5mins) at the nearest bedroom/lounge window when operating; through source noise level data, distance attenuation and screening calculations etc. MCS compliance certification must be submitted to the LPA within 3 months of installation. Reason: In the interests of protecting amenity and to comply with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
The Development hereby approved shall not be brought into use until the access, parking, turning facilities, cycle parking, emergency vehicle bay, internal footways have been provided as shown on drawing S01-01 16 Rev D. Reason: To ensure conformity with summited details.
The Development hereby approved shall not be brought into use until the accessible car parking spaces indicated on drawing S01-01 16 Rev D. have been provided. Reason: To provide safe and suitable access for all and to comply with Policy SWDP21 of the South Worcestershire Development Plan 2016.
The Development hereby approved shall not be brought into use until one-way signage has been erected in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the site operates on a one-way traffic flow system, in the interest of highway safety and to comply with Policy SWDP21 of the South Worcestershire Development Plan.
The Development hereby approved shall not be brought into use until the visibility splays shown on drawing MBSK240814-4 have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway. Reason: In the interests of highway safety and to comply with Policy SWDP21 of the South Worcestershire Development Plan 2016.
The Development hereby approved shall not be brought into use until the applicant has submitted a Travel Plan using Modeshift STARS Business. They must meet green level accreditation before occupation and bronze level accreditation within 12 months of occupation. Reason: To reduce vehicle movements and promote sustainable access and to comply with Policies SWDP4 and SWDP21 of the South Worcestershire Development Plan.
Prior to occupation of any Phase hereby permitted a ‘lighting design strategy for biodiversity’ shall be submitted to and approved in writing by the local planning authority. The strategy shall: a. identify areas/features on site particularly sensitive for foraging bats and; b. show how and where external lighting will be installed so it can be clearly demonstrated that areas to be lit will not disturb the above species. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other lighting be installed without prior consent from the local planning authority. Reason - To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with paragraphs 109 and 118 of the National Planning Policy Framework and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice; * - seeking further information following receipt of the application; * - seeking amendments to the proposed development following receipt of the application; * - considering the imposition of conditions and or the completion of a s.106 legal agreement*. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. * delete as appropriate
Alteration of highway to provide new or amended vehicle crossover This permission does not authorise the applicant to carry out works within the publicly maintained highway since such works can only be carried out by the County Council’s Approved Contractor, Ringway Infrastructure Service who can be contacted by email worcestershirevehicle.crossing@ringway.co.uk. The applicant is solely responsible for all costs associated with construction of the access.
No Drainage to Discharge to Highway Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.
Cadent Gas Ltd own and operate the gas infrastructure within the area of your development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist. If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/diversions Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk to submit details of the planned works for review, ensuring requirements are adhered to. Your responsibilities and obligations Cadent may have a Deed of Easement on the pipeline, which provides us with a right of access for a number of functions and prevents change to existing ground levels, storage of materials. It also prevents the erection of permanent/temporary buildings, or structures. If necessary Cadent will take action to legally enforce the terms of the easement. This letter does not constitute any formal agreement or consent for any proposed development work either generally or related to Cadent’s easements or other rights, or any planning or building regulations applications. Cadent Gas Ltd or their agents, servants or contractors do not accept any liability for any losses arising under or in connection with this information. This limit on liability applies to all and any claims in contract, tort (including negligence), misrepresentation (excluding fraudulent misrepresentation), breach of statutory duty or otherwise. This limit on liability does not exclude or restrict liability where prohibited by the law nor does it supersede the express terms of any related agreements.
The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. This is to ensure that the development is provided with a satisfactory means of drainage as well as to prevent or to avoid exacerbating any flooding issues and to minimise the risk of pollution. Reason: In the interests of suitable foul drainage and with regard to pollution impacts and to comply with Policy SWDP30 of the South Worcestershire Development Plan 2016.
Before the first use/occupation of phase 1 of the development hereby permitted details of a precise specification of the proposed materials for the hard landscaping of the site (including roads, paths, parking areas and other hard surfaces) and of hard boundary treatments shall be submitted to and approved in writing by the local planning authority. The details shall include a timetable for implementation. The hard landscaping and boundary treatments of the site shall be completed in accordance with the timetable agreed in writing by the local planning authority. Development shall be carried out in accordance with the approved details and thereafter retained and maintained. Reason - To ensure the proposed development represents high quality design and does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision

Consultation Responses

Neighbour List


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
46 Court Road MALVERN WR14 3EG 03/09/2024
46 Court Road MALVERN WR14 3EG 18/12/2023
8 Court Road MALVERN WR14 3BL 07/12/2023
7 Court Road MALVERN WR14 3BS 24/11/2023
Charnwood 12 Court Road MALVERN WR14 3BL 15/12/2023
382 Pickersleigh Road MALVERN WR14 2QH 05/01/2024
Oaklee 2 Court Gardens MALVERN WR14 3BF 05/12/2023
G And B Projects Six Ways Industrial Estate Barnards Green Road MALVERN WR14 3NB 27/08/2024
3 Court Gardens MALVERN WR14 3BF 26/08/2024
3 Court Gardens MALVERN WR14 3BF 04/12/2023
1 Court Gardens MALVERN WR14 3BF 05/12/2023
Bridge Business Centre Six Ways Industrial Estate Barnards Green Road MALVERN WR14 3NB 14/08/2024 05/09/2024
1A Court Road MALVERN WR14 3BS 14/08/2024
1B Court Road MALVERN WR14 3BS 14/08/2024
1C Court Road MALVERN WR14 3BS 14/08/2024
82 Barnards Green Road MALVERN WR14 3LY 14/08/2024
Barnards Green Post Office 1 Court Road MALVERN WR14 3BS 14/08/2024
Beacon House Court House Nursing Home 3-5 Court Road MALVERN WR14 3BU 14/08/2024
Bredon House Court House Nursing Home 3-5 Court Road MALVERN WR14 3BU 14/08/2024
Daisy Chain Benevolent Fund - Rear Of 74 Barnards Green Road MALVERN WR14 3NB 14/08/2024
Hollybush Court House Nursing Home 3-5 Court Road MALVERN WR14 3BU 14/08/2024
Midsummer Court House Nursing Home 3-5 Court Road MALVERN WR14 3BU 14/08/2024
Six Ways Industrial Estate Barnards Green Road MALVERN WR14 3NB 14/08/2024
Unit B Six Ways Industrial Estate Barnards Green Road MALVERN WR14 3NB 14/08/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Defence Estates Safeguarding 21/11/2023 12/12/2023
Asset Protection Team Severn Trent Water Limited 21/11/2023 12/12/2023 23/01/2024
Cllr David Mead Barnards Green Ward 21/11/2023 12/12/2023
Cllr Malcolm Victory Barnards Green Ward 21/11/2023 12/12/2023
Cllr Mark Driscoll Barnards Green Ward 21/11/2023 12/12/2023 09/12/2023
Delegated Commissioning Team NHS Herefordshire & Worcs Integrated Care Board 21/11/2023 12/12/2023
Drainage Engineer Engineers - S.W. Land Drainage Partnership 21/11/2023 12/12/2023 30/11/2023
Health & Wellbeing Project Officer Worcestershire County Council (Social) 21/11/2023 12/12/2023
Highways County Highways 21/11/2023 12/12/2023 26/01/2024
Lead Local Flood Authority WCC Lead Local Flood Authority 21/11/2023 12/12/2023 12/12/2023
Matt Barker MHDC & WDC Carbon Reduction Project Officer 21/11/2023 12/12/2023
MHDC Economic Development MHDC Economic Development 21/11/2023 12/12/2023
MHDC Legal Services MHDC Legal Services 21/11/2023 12/12/2023
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 21/11/2023 12/12/2023
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 21/11/2023 12/12/2023
Mr R Cooper & Mr J Jennings Hereford & Worcester Fire Service 21/11/2023 12/12/2023 21/11/2023
Town Council Clerk Malvern Town Council 21/11/2023 12/12/2023
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 21/11/2023 12/12/2023 22/11/2023
Defence Estates Safeguarding 14/08/2024
Asset Protection Team Severn Trent Water Limited 14/08/2024
Cllr David Mead Barnards Green Ward 14/08/2024
Cllr Malcolm Victory Barnards Green Ward 14/08/2024
Cllr Mark Driscoll Barnards Green Ward 14/08/2024
Delegated Commissioning Team NHS Herefordshire & Worcs Integrated Care Board 14/08/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 14/08/2024
Health & Wellbeing Project Officer Worcestershire County Council (Social) 14/08/2024
Highways County Highways 14/08/2024
Lead Local Flood Authority WCC Lead Local Flood Authority 14/08/2024
Matt Barker MHDC & WDC Carbon Reduction Project Officer 14/08/2024
MHDC Economic Development MHDC Economic Development 14/08/2024
MHDC Legal Services MHDC Legal Services 14/08/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 14/08/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 14/08/2024
Mr R Cooper & Mr J Jennings Hereford & Worcester Fire Service 14/08/2024
Town Council Clerk Malvern Town Council 14/08/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 14/08/2024
Lead Local Flood Authority WCC Lead Local Flood Authority 19/09/2024 03/10/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 10/10/2024 24/10/2024
Highways County Highways 11/11/2024 25/11/2024
Highways County Highways 11/11/2024 25/11/2024
Highways County Highways 11/11/2024 25/11/2024

Constraints List


Constraints List
SWDP 5: Urban - Unsurveyed
SWDP 2: Development Boundary
SWDP 10: Primary Shopping Frontage
SWDP 38: Green Space
Neighbourhood Plan: NPA Boundaries
SWDP 10: Shopping Centres
Paper: Malvern Gazette - Friday
CIL003 - Main Urban Area
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Interferometer Area. INFER/7018 -
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
No associated appeals