| Application Number | M/24/00724/FUL |
| Status | Application Refused |
| Application Valid |
|---|
| 14/10/2024 |
| Consultation End |
|---|
| 12/11/2024 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 09/12/2024 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/24/00724/FUL |
| Location Address | 7 Upper Chase Road Malvern WR14 2BT |
| Proposal | Demolition of existing buildings and construction of three new houses |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 03/06/2024 |
| Application Valid Date | 14/10/2024 |
| Consultation Start Date | 14/10/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 12/11/2024 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 09/12/2024 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jivan Manku |
| Parish | Malvern CP |
| Ward | Barnards Green Ward |
| Applicant | Mr Bernard Flanagan, Richmond Construction |
| Agent | Mr Ian Guest, Ian Guest and Associates |
| Agent Address | 22 Upper Chase Road Malvern WR14 2BU |
| Condition Details / Information Notes |
| The proposed development would, due to the number and relative size of dwellings proposed, result in overdevelopment of the site with each of the dwellings appearing cramped within their respective plots. Additionally, the proposed roofs with their shallow pitches would fail to reflect the form of the existing properties along Upper Chase Road and therefore detract from the character and appearance of the area. Accordingly, the proposal would be contrary to Policy 21 of the South Worcestershire Development Plan, Policies MD1 and MH2 of the Malvern Town Neighbourhood Plan and the NPPF. |
| The proposed dwelling on plot 3 would, by reason of its relative height and proximity to No. 9 Upper Chase Road, and particularly the windows in its west facing flank wall, be overbearing and result in loss of outlook and natural light to that property. The proposal would therefore result in unacceptable harm to the residential amenity currently enjoyed by the occupiers of 9 Upper Chase Road. Accordingly, the development would be contrary to Policy 21 of the South Worcestershire Development Plan, Policies MD1 and MH2 of the Malvern Town Neighbourhood Plan, the South Worcestershire SPD Design Guide and the NPPF. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- 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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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 |
|---|---|---|
| 17 Yates Hay Road MALVERN WR14 1LH | 18/10/2024 | |
| Malvern Link | 12/11/2024 | |
| 9 Upper Chase Road MALVERN WR14 2BT | 12/11/2024 | |
| 421 Pickersleigh Road MALVERN WR14 2QJ | 14/10/2024 | 04/11/2024 |
| 413 Pickersleigh Road MALVERN WR14 2QJ | 14/10/2024 | 28/10/2024 |
| 9 Upper Chase Road MALVERN WR14 2BT | 14/10/2024 | 12/11/2024 |
| 415 Pickersleigh Road MALVERN WR14 2QJ | 14/10/2024 | |
| 417 Pickersleigh Road MALVERN WR14 2QJ | 14/10/2024 | |
| 5 Upper Chase Road MALVERN WR14 2BT | 14/10/2024 | |
| Bell House 417A Pickersleigh Road MALVERN WR14 2QJ | 14/10/2024 | |
| 419 Pickersleigh Road MALVERN WR14 2QJ | 14/10/2024 | 03/11/2024 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Defence Estates Safeguarding | 14/10/2024 | 04/11/2024 | ||
| Asset Protection Team | Severn Trent Water Limited | 14/10/2024 | 04/11/2024 | |
| Cllr David Mead | Barnards Green Ward | 14/10/2024 | 04/11/2024 | |
| Cllr Malcolm Victory | Barnards Green Ward | 14/10/2024 | 04/11/2024 | |
| Cllr Mark Driscoll | Barnards Green Ward | 14/10/2024 | 04/11/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 14/10/2024 | 04/11/2024 | |
| Highways | County Highways | 14/10/2024 | 04/11/2024 | |
| MHDC Economic Development | MHDC Economic Development | 14/10/2024 | 04/11/2024 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 14/10/2024 | 04/11/2024 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 14/10/2024 | 04/11/2024 | |
| Town Council Clerk | Malvern Town Council | 14/10/2024 | 04/11/2024 | |
| Worcester Regulatory Services Contaminated Land | Worcestershire Regulatory Services | 14/10/2024 | 04/11/2024 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 14/10/2024 | 04/11/2024 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 14/10/2024 | 04/11/2024 |
| Constraints List |
| Neighbourhood Plan: NPA Boundaries |
| CIL003 - Main Urban Area |
| Paper: Malvern Gazette - Friday |
| Interferometer Area. INFER/7018 - |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| Surface Water: 1 in 1000 extent |
| Hundred Pool within 500m |
| No associated appeals |