| Application Number | M/24/00386/FUL |
| Status | Application Refused |
| Application Valid |
|---|
| 14/10/2024 |
| Consultation End |
|---|
| 15/11/2024 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 05/03/2025 |
| Appeal Started |
|---|
| 24/04/2025 |
| Appeal Decision |
|---|
| Dismissed |
| Summary | |
| Application Number | M/24/00386/FUL |
| Location Address | Land At (Os 7763 4111) Upper Welland Road Malvern |
| Proposal | Proposed erection of 3 detached dwellings (including 1 self-build unit), with associated access off Upper Welland Road |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 03/04/2024 |
| Application Valid Date | 14/10/2024 |
| Consultation Start Date | 19/09/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 15/11/2024 |
| Advert Expiry | 15/11/2024 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 05/03/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jivan Manku |
| Parish | Malvern Wells CP |
| Ward | Castlemorton, Welland & Wells Ward |
| Applicant | Mr T O'Donnell |
| Agent | Mr Ben Greenaway, Greenaway Planning Limited |
| Agent Address | PO Box 937 Worcester WR4 4GS |
| Condition Details / Information Notes |
| The proposed dwellings, by reason of their size, scale, position and siting forward of the existing properties which front onto Upper Welland Road and Assarts Lane would lead to the erosion of a valued, sensitive and historic green space which provides a visual extension to the natural landscape of the hill range, Further, the siting of the dwellings would result in an incongruous development which would be out of character with the prevailing pattern of development within the locality. The development would therefore fail to preserve or enhance the character or appearance of the Conservation Area and harm the special landscape quality of the Malvern Hills National Landscape (formerly AONB). As such, the development would be contrary to Policies SWDP2, SWDP6, SWDP21, SWDP23, SWDP24 and SWDP25 of the South Worcestershire Development Plan. |
| The proposed dwellings, by reason of their siting along Upper Welland Road, would have the potential to result in harm to the existing neighbouring amenity by way of loss of privacy and visual intrusion. The private amenity area is proposed to the side and rear of each dwelling but the front part of the site also has the potential to be used as amenity space in the future. Should the existing hedgerow fronting Upper Welland Road be removed for any reason, this would allow direct views into the site which would in turn compromise the privacy of neighbouring properties as well as being unsightly within this special landscape setting. The development would therefore detract from residential amenity and would not represent good design and is therefore contrary to paragraph 139 of the NPPF, SWDP21 of the South Worcestershire Development Plan and the Supplementary Planning Document on Design. |
| The details submitted in support of the application are insufficient to allow informed comments to be made in relation to trees. Currently it is not possible to determine the impact upon the existing trees and the application is therefore not in accordance with paragraphs 136, 187 and 193 of the NPPF and SWDP 22 of the South Worcestershire Development Plan 2016. |
| The application seeks full planning permission with the layout, scale and design of the self build dwelling submitted for consideration. No substnative evidence has been submitted to show how the initial owner of the self-build dwelling has had primary input into its final design scale and layout. Therefore the applicant has failed to demonstrate that the application would comply with the 2015 Act and genuinely provide a self-build dwelling. Moreover, no means, such as a signed legal agreement, has been submitted to secure the dwelling as self-build. As such, without an appropriate means to secure the dwelling as self-build, the Local Planning Authority cannot give this any weight in the decision. |
| Notwithstanding all other reasons for refusal, it is considered that this development is capable of providing the necessary financial contribution towards off-site affordable housing. However, a mechanism is not in place to secure such an obligation, and therefore the development is contrary to Policy SWDP15 of the South Worcestershire Development Plan and would fail to meet the social objectives of sustainable development as set out in the National Planning Policy Framework. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways - making Development Plan Policy and Design guides available for public viewing; - providing pre-application advice. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. This is in accordance with paragraph 38 of the NPPF. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above. |
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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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 |
|---|---|---|
| 4 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 9 Heathlands close Malvern Wells WR14 4HR | 19/11/2024 | |
| 49 Assarts Road Malvern Wells Malvern WR14 4HW | 01/11/2024 | |
| 3 Wells Close Malvern WR14 4HP | 15/11/2024 | |
| Hayslan House 152A Upper Welland Road MALVERN WR14 4LA | 19/11/2024 | |
| 11 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 12 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 191 Upper Welland Road Malvern Wells WR14 4LB | 18/11/2024 | |
| 226A Wells Road Malvern Wells Malvern WR14 4HD | 01/11/2024 | |
| 18 Chase Road MALVERN WR14 4JY | 27/10/2024 | |
| 101 Upper Welland Road MALVERN WR14 4JU | 08/10/2024 | |
| Five Oaks Kings Road MALVERN WR14 4HL | 28/10/2024 | |
| 3 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 6 Heathlands Close Malvern WR14 4HR | 19/11/2024 | |
| 14 Chase Road MALVERN WR14 4JY | 28/10/2024 | |
| Oaklands 17 Chase Road MALVERN WR14 4JY | 27/10/2024 | |
| 5 Watery Lane MALVERN WR14 4JX | 27/10/2024 | |
| 4 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 160 Upper Welland Road MALVERN WR14 4LA | 27/10/2024 | |
| 16 Chase Road MALVERN WR14 4JY | 29/10/2024 | |
| 183 Upper Welland Road Malvern Wells WR14 4LB | 15/11/2024 | |
| 15 Chase Road Upper Welland | 28/10/2024 | |
| Sidmouth Cottage 167 Upper Welland Road MALVERN WR14 4LB | 29/10/2024 | |
| 5 Heathlands Close Malvern Wr14 4HR | 19/11/2024 | |
| 14 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 3 Heathlands Close Malvern Wells Malvern WR14 4HR | 01/11/2024 | |
| 4 Wells Close Malvern Wells Malvern WR14 4HP | 15/11/2024 | |
| 4 Assarts Lane Malvern Wells Malvern WR14 4JR | 01/11/2024 | |
| 3 Cambridge Close MALVERN WR14 4JZ | 28/10/2024 | |
| 2 Cambridge Close MALVERN WR14 4JZ | 07/11/2024 | |
| 189 Upper Welland Road Malvern WR14 4LB | 18/11/2024 | |
| 177 Upper Welland Road Malvern Wells Malvern WR14 4LB | 15/11/2024 | |
| 6 Merebrook Close MALVERN WR14 4JW | 05/11/2024 | |
| 3 St Wulstans Drive MALVERN WR14 4JA | 06/11/2024 | |
| 61 Assarts Road Malvern WR14 4HW | 01/11/2024 | |
| Oaklands 17 Chase Road MALVERN WR14 4JY | 27/10/2024 | |
| 1 St Wulstans Drive MALVERN WR14 4JA | 03/11/2024 | |
| 11 Chase Road MALVERN WR14 4JY | 28/10/2024 | |
| 63 Assarts Road Malvern Wells Malvern WR14 4HW | 01/11/2024 | |
| 1 Wells Close Malvern Wells Malvern WR14 4NP | 15/11/2024 | |
| 7 Benton Close MALVERN WR14 4LL | 30/10/2024 | |
| 1 The Crescent MALVERN WR14 4JG | 03/11/2024 | |
| 1 Heathlands Close Malvern Wells Malvern WR14 4HR | 01/11/2024 | |
| 1 Wells Close Malvern Wells Malvern WR14 4NP | 15/11/2024 | |
| 59 Assarts Road MALVERN WR14 4HW | 30/10/2024 | |
| 6 Heathlands Close Malvern WR14 4HR | 19/11/2024 | |
| 9 Heathlands Close Malvern Wells WR14 4HR | 19/11/2024 | |
| 7 Heathlands Close Malvern WR14 4HR | 19/11/2024 | |
| 65 Assarts Road Malvern WR14 4HW | 01/11/2024 | |
| 14 Merebrook Close MALVERN WR14 4JW | 05/11/2024 | |
| 12 Watery Lane MALVERN WR14 4JX | 25/10/2024 | |
| 10 Wells Close Malvern Wells Malvern WR14 4HP | 15/11/2024 | |
| 8 Wells Close Malvern Wells Malvern WR14 4HP | 15/11/2024 | |
| 157 Upper Welland Road Malvern | 28/10/2024 | |
| 187 Upper Welland Road Malvern Wells Malvern WR14 4LB | 15/11/2024 | |
| 6 Assarts Lane Malvern Wells Malvern WR14 4JR | 01/11/2024 | |
| 33b Kings Road Malvern Wells Malvern WR14 4HL | 15/11/2024 | |
| 1 Cambridge Close MALVERN WR14 4JZ | 28/10/2024 | |
| 14 Chase Road MALVERN WR14 4JY | 01/11/2024 | |
| Ashcroft 149 Upper Welland Road MALVERN WR14 4LB | 12/11/2024 | |
| 2 Wells Close Malvern WR14 4HP | 15/11/2024 | |
| 100 Woodfarm Road MALVERN WR14 4PP | 05/11/2024 | |
| 1 St Wulstans Drive MALVERN WR14 4JA | 03/11/2024 | |
| 93 Upper Welland Road MALVERN WR14 4JU | 17/10/2024 | 07/11/2024 |
| Greenacres Upper Welland Road MALVERN WR14 4JU | 17/10/2024 | 05/11/2024 |
| The Clovers Upper Welland Road MALVERN WR14 4JU | 17/10/2024 | 01/11/2024 |
| 2 Yew Tree Lane MALVERN WR14 4LJ | 17/10/2024 | |
| Student Digs Worcester Ltd Offices At 2 Assarts Lane MALVERN WR14 4JR | 17/10/2024 | |
| Arosfa Upper Welland Road MALVERN WR14 4JU | 17/10/2024 | |
| Kinley Cottage Upper Welland Road MALVERN WR14 4JU | 17/10/2024 | 24/10/2024 |
| 2 Assarts Lane MALVERN WR14 4JR | 17/10/2024 | 08/11/2024 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Malvern Hills Trust | 19/09/2024 | 10/10/2024 | ||
| Catherine Laidlaw | Malvern Hills National Landscape Partnership | 19/09/2024 | 10/10/2024 | |
| Cllr Christine Wild | Castlemorton, Welland & Wells Ward | 19/09/2024 | 10/10/2024 | |
| Cllr John Gallagher | Castlemorton, Welland & Wells Ward | 19/09/2024 | 10/10/2024 | |
| Consultation Service | Natural England | 19/09/2024 | 10/10/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 19/09/2024 | 10/10/2024 | |
| Gary Nicholas | Malvern Wells Parish Council | 19/09/2024 | 10/10/2024 | |
| Highways | County Highways | 19/09/2024 | 10/10/2024 | |
| MHDC Conservation Officer | MHDC Development Plans & Conservation | 19/09/2024 | 10/10/2024 | 05/03/2025 |
| MHDC Legal Services | MHDC Legal Services | 19/09/2024 | 10/10/2024 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 19/09/2024 | 10/10/2024 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 19/09/2024 | 10/10/2024 | |
| Mr G Simms | Forestry Commission Of England | 19/09/2024 | 10/10/2024 | |
| Policy Plans - General | Policy Plans - General | 19/09/2024 | 10/10/2024 | |
| Woodland Trust | Woodland Trust | 19/09/2024 | 10/10/2024 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 19/09/2024 | 10/10/2024 | |
| Malvern Hills Trust | 17/10/2024 | |||
| Catherine Laidlaw | Malvern Hills National Landscape Partnership | 17/10/2024 | 15/11/2024 | |
| Cllr Christine Wild | Castlemorton, Welland & Wells Ward | 17/10/2024 | ||
| Cllr John Gallagher | Castlemorton, Welland & Wells Ward | 17/10/2024 | ||
| Consultation Service | Natural England | 17/10/2024 | ||
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 17/10/2024 | ||
| Gary Nicholas | Malvern Wells Parish Council | 17/10/2024 | ||
| Highways | County Highways | 17/10/2024 | ||
| MHDC Conservation Officer | MHDC Development Plans & Conservation | 17/10/2024 | ||
| MHDC Legal Services | MHDC Legal Services | 17/10/2024 | ||
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 17/10/2024 | ||
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 17/10/2024 | ||
| Mr G Simms | Forestry Commission Of England | 17/10/2024 | ||
| Policy Plans - General | Policy Plans - General | 17/10/2024 | ||
| Woodland Trust | Woodland Trust | 17/10/2024 | ||
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 17/10/2024 |
| Constraints List |
| SWDP 5: Protect and Enhance |
| Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty) |
| CIL009 - Non-Urban Area |
| Paper: Malvern Gazette - Friday |
| s106: Refno: |
| Interferometer Area. INFER/7018 - |
| Outside SWDP Development Boundary |
| Area of Special Control of Advertisements |
| Conservation Area 25m buffer: Malvern Wells |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| SWDP 23: Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty) |
| SWDP 6: Conservation Area |
| Ancient Woodland within 100m |
| Site of Special Scientific Interest within 500m |
| Appeals Information | |
| Number | M/24/00386/FUL |
| PINS Appeal Ref | APP/J1860/W/25/3364297 |
| Method | Written Representations Procedure |
| Start date | 24/04/2025 |
| LPA Final Comments Due | 12/06/2025 |
| Interested Party Comments Due | 29/05/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 28/10/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3364297
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.
Tick here to show you have read and agree with the Copyright Notice.
Document Download Tips
How to reorder or group rows
Click on a column heading for the ability to sort the ‘group’ listing in ascending or descending order by using the up/down arrows. This is useful to sort by ‘name/organisation’.