Application Number M/24/00619/CU
Status Application Refused

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Planning Online Status


  • Application
    Valid
    19/09/2024
  • Consultation
    End
    25/10/2024
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    06/12/2024
  • Appeal
    Started
    05/06/2025
  • Appeal
    Decision
    Dismissed
Summary
Application Number M/24/00619/CU
Location Address Allbrook Lower Interfields Malvern WR14 1UU
Proposal Conversion of existing agricultural building to self-build dwelling
Status Refusal
Application Type Change of use
Appeal Decision Dismissed

Important Dates
Application Received Date 16/05/2024
Application Valid Date 19/09/2024
Consultation Start Date 23/09/2024
Site Visited / Site Notice Date
Consultation End 25/10/2024
Advert Expiry 25/10/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 06/12/2024

Further Information
Expected Decision Level Delegated
Case Officer Jivan Manku
Parish Malvern CP
Ward Upper Howsell Ward
Applicant Steve Holmes
Agent Marcus Cleaver, Marcus Cleaver Architect
Agent Address 10 Gilbert Road Malvern WR14 3RQ

Condition Details / Information Notes
The application site is situated in the open countryside between Malvern and Leigh Sinton and its location is not sustainable due to the limited travel choices available and the lack of footpaths and street lighting along the B4503. Potential occupiers would be heavily reliant on private motor vehicles to get to and from the site. Due to its location it would severely reduce the positive benefits that lay behind the policy objectives of securing reduced travel. Furthermore, as the site is poorly related to local services, this would increase the need for journeys to be made by private motor vehicle. No exceptional circumstances have been advanced by the applicant which might otherwise justify a grant of permission in respect of a proposal, which is a material departure from the development plan. As such, the proposal would not be sustainable in terms of location and is contrary to Policies SWDP1, SWDP2, SWDP4, SWDP 12 of the South Worcestershire Development Plan and Policy LB/H/2 of the Parishes of Leigh and Bransford Neighbourhood Plan Made Version - November 2022 and the provisions of the National Planning Policy Framework, Chapter 9, particularly paragraph 114 that require development to minimise the demand for travel and offer genuinely sustainable travel choices.
Under the terms of adopted South Worcestershire Development Plan policy SWDP15, permission should only be granted if a planning contribution towards affordable housing (or, if appropriate, on site provision) is secured. However, in this case no such contribution towards/provision of affordable housing has been secured. As such the proposal would be contrary to Planning Policy SWDP15 of the South Worcestershire Development Plan (2016) and guidance in the Council's Developer Contributions SPG and Affordable Housing SPG, as well as guidance contained in the National Planning Policy Framework.
Statement of Positive and Proactive Working In dealing with the application the Council has implemented the requirement in paragraph 38 of the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in the Development Plan, Supplementary Planning Documents, as well as offering a full pre-application advice service in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. The Council has however been unable to seek solutions to problems arising from this application as the principal of the proposal is considered contrary to our statutory policies and negotiation would not overcome the reasons for refusal. Despite the Council’s efforts, it is considered that planning permission should be refused for the reasons set out in the decision notice.

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.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 23/09/2024 Initial Consultee List 24.00619 (286kb) -
01. Application Form 01/10/2024 Applicationformredacted (461kb) -
02. Supporting Information 29/05/2024 Allbrook planning statement including Water Management Statement (14kb) -
02. Supporting Information 19/09/2024 Preliminary eco.appraisal.pdf (8167kb) -
Application Plans
04. Site / Location Plan 30/05/2024 Allbrook Location Plan. (98kb) SH01C - A
04a. Block Plan 29/05/2024 Block Plan (52kb) SH02A -
06. Proposed Plans 29/05/2024 Proposed Floor Plan (71kb) SH03A - A
06. Proposed Plans 30/05/2024 Allbrook Elevations (70kb) SH05B - A
Neighbour and Other Response
08. Response - Neighbour and Other 14/10/2024 Holmes Sarn Helen, Camnant Road, Banwen, Neath, SA10 9LT (77kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 23/09/2024 Worcestershire Regulatory Services - Nuisance - Worcestershire Regulatory Services (73kb) -
09. Response - Statutory Consultee 27/09/2024 Worcester Regulatory Services Contaminated Land - Worcestershire Regulatory Services (73kb) -
09. Response - Statutory Consultee 04/10/2024 Consultation Service - Natural England (75kb) -
09. Response - Statutory Consultee 09/10/2024 Drainage Engineer - Engineers - S.W. Land Drainage Partnership (76kb) -
09. Response - Statutory Consultee 23/10/2024 Cadent Gas (496kb) -
09a. Response - Statutory Consultee Attachment 27/09/2024 Worcester Regulatory Services Contaminated Land (87kb) -
09a. Response - Statutory Consultee Attachment 04/10/2024 Consultation Service (167kb) -
Decision
11. Decision Information 06/12/2024 Delegated Report (200kb) -
12. Decision Notice 06/12/2024 Decision Notice (157kb) -
Appeal
Appeal - Decision 26/08/2025 3366679 Appeal Decision.pdf (120kb) -

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
Sarn Helen Camnant Road Banwen Neath SA10 9LT 14/10/2024
Livery Stables At Allbrook Lower Interfields MALVERN WR14 1UU 23/09/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
HSE Health & Safety Executive (Land Use Planning) HSE, Health & Safety Executive (Land Use Planning) 22/05/2024
Defence Estates Safeguarding 23/09/2024 14/10/2024
Cadent Gas Limited (National Transmission System) Cadent Gas Limited (National Transmission System) 23/09/2024 14/10/2024
Cllr Julie Wood Upper Howsell Ward 23/09/2024 14/10/2024
Consultation Service Natural England 23/09/2024 14/10/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 23/09/2024 14/10/2024
Highways County Highways 23/09/2024 14/10/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 23/09/2024 14/10/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 23/09/2024 14/10/2024
Sammie Lynch Policy Plans - Self Build 23/09/2024 14/10/2024
Town Council Clerk Malvern Town Council 23/09/2024 14/10/2024
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 23/09/2024 14/10/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 23/09/2024 14/10/2024
Worcestershire Wildlife Trust Worcestershire Wildlife Trust 23/09/2024 14/10/2024

Constraints List


Constraints List
SWDP 2: Significant Gap
Neighbourhood Plan: NPA Boundaries
Paper: Malvern Gazette - Friday
CIL009 - Non-Urban Area
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Interferometer Area. INFER/7017 -
Outside SWDP Development Boundary
Flood Zone 2. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Severn Trent (Welsh Water if in Bockleton Parish)
Flood Zone 3. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Severn Trent (Welsh Water if in Bockleton Parish)
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 5: Protect and Enhance
Surface Water: 1 in 30 extent.
Local Wildlife Site within 100m: Carey's Brook
Site of Special Scientific Interest within 500m
Appeals Information
Number M/24/00619/CU
PINS Appeal Ref APP/J1860/W/25/3366679
Method Written Representations Procedure
Start date 05/06/2025
LPA Final Comments Due 24/07/2025
Interested Party Comments Due 10/07/2025
Inquiry Date
Venue
Decision Dismissed
Issue Date 22/08/2025

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3366679

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.
  • In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
  • To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
  • To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
  • 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’.

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’.

 Document Type Date Description File Size Drawing/Rev Number
Appeal
30. Appeal - Application Form 05/06/2025 01 Appeal Form 1155851 (60kb) -
31. Appeal - Documents 09/06/2025 QUESTIONNAIRE - 1167944.pdf (112kb) -
31. Appeal - Documents 05/06/2025 Start letter (AR13) - Ciaran Power - 05 Jun 2025.pdf (41kb) -
32. Appeal - Appellants Case 05/06/2025 Appeal Statement Of Case M 24 00619 CU (276kb) -
32. Appeal - Appellants Case 25/07/2025 Appellant Final Comments (841kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook Application Form.pdf (461kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook block Plan. SH.02A A4.pdf (52kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook Elevations. SH.05B A4.pdf (70kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook floor plans SH.03A A4.pdf (71kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook form_1_cil_additional_information.pdf (226kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook Loc Plan. SH.01C A4.pdf (98kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook Loc Plan. SH.01C.pdf (98kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook planning statement.pdf (8kb) -
32. Appeal - Appellants Case 05/06/2025 Allbrook. prelim eco.appraisal.pdf (6100kb) -
32. Appeal - Appellants Case 05/06/2025 attachments.pdf (80kb) -
32. Appeal - Appellants Case 05/06/2025 CIL Allbrook_7_self_build_part_1_exemption_claim.pdf (1124kb) -
32. Appeal - Appellants Case 05/06/2025 CIL Allbrook_assumption_of_liability.pdf (196kb) -
32. Appeal - Appellants Case 05/06/2025 List of Application Plans.pdf (96kb) -
32. Appeal - Appellants Case 05/06/2025 List of attachments.pdf (96kb) -
32. Appeal - Appellants Case 05/06/2025 OS Map Allbrook.pdf (699kb) -
32. Appeal - Appellants Case 05/06/2025 Correspondence Lpa Agent (598kb) -
32. Appeal - Appellants Case 05/06/2025 DSCN3866 (59kb) -
32. Appeal - Appellants Case 05/06/2025 DSCN3870 (53kb) -
32. Appeal - Appellants Case 05/06/2025 DSCN3872 (70kb) -
32. Appeal - Appellants Case 05/06/2025 DSCN3868 (72kb) -
Appeal - Decision 26/08/2025 Despatch Cover Letter - Ciaran Power - 22 Aug 2025.pdf (41kb) -
Appeal - Decision 26/08/2025 3366679 Appeal Decision.pdf (120kb) -