Application Number M/24/00386/FUL
Status Application Refused

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Planning Online Status


  • 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.

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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
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

Consultee List


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


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

Copyright Notice

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

  • In order to view the documents please ensure you have ticked the Copyright Notice box above.
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  • If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
  • Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.

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Document Type Date Description File Size Drawing/Rev Number
Appeal