| Application Number | M/24/00851/HP |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid11/09/2024 -
Consultation
End18/10/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date12/12/2024 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/24/00851/HP |
| Location Address | Bath Villa 345 Worcester Road Malvern WR14 1AN |
| Proposal | Installation of driveway, extension of dropped kerb, opening of entrance and erection of wall |
| Status | Refusal |
| Application Type | Householder Planning |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 25/06/2024 |
| Application Valid Date | 11/09/2024 |
| Consultation Start Date | 12/09/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 18/10/2024 |
| Advert Expiry | 11/10/2024 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 12/12/2024 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Wendy Trimble |
| Parish | Malvern CP |
| Ward | Link Ward |
| Applicant | Mr Adam Evans |
| Agent | Mr Adam Evans |
| Agent Address | 345 Worcester Road Malvern WR14 1AN |
| Condition Details / Information Notes |
| The proposed development would by virtue of its scale, form, design and lack of affinity to the host dwelling would detract from the historic character of Bath Villa and would result in less than substantial harm to its setting and significance as a Listed Building. In view of this it is considered the development would be contrary to policies SWDP6, SWDP21 and SWDP 24 of the South Worcestershire Development Plan and policies MD1, MD2 and MG3 of the Malvern Town Neighbourhood Plan and paragraphs 135, 139, 197 and 203 of the NPPF |
| Insufficient information has been provided to demonstrate that the proposed access achieve the required visibility splays. The proposal has therefore failed to address highway safety and would result in an unacceptable impact, contrary to Policies SWDP 4 and SWDP 21 along with Paragraphs 110 and 111 of the NPPF. |
| 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. Unfortunately the submitted application is not considered to accord with the advice available, whilst it is noted that pre-application advice was sought and that the applicant has indicated willingness to provide further information regarding highways safety, the Council has 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. |
| Block Plan as Proposed Site Plan as Proposed As Existing & As Proposed Street Elevation |
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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 |
|---|---|---|
| 337 Worcester Road MALVERN WR14 1AN | 12/09/2024 | 16/09/2024 |
| 343 Worcester Road MALVERN WR14 1AN | 12/09/2024 | |
| 347 Worcester Road MALVERN WR14 1AN | 12/09/2024 | |
| 351 Worcester Road MALVERN WR14 1AN | 12/09/2024 | |
| 6 Spencers Walk MALVERN WR14 1EG | 12/09/2024 | |
| Lily Cottage 339 Worcester Road MALVERN WR14 1AN | 12/09/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Fran Victory | Link Ward | 12/09/2024 | 03/10/2024 | |
| Cllr Neville Mills | Link Ward | 12/09/2024 | 03/10/2024 | |
| Councillor K.H. Chan | Link Ward | 12/09/2024 | 03/10/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 12/09/2024 | 03/10/2024 | |
| Highways | County Highways | 12/09/2024 | 03/10/2024 | |
| MHDC Conservation Officer | MHDC Development Plans & Conservation | 12/09/2024 | 03/10/2024 | |
| Town Council Clerk | Malvern Town Council | 12/09/2024 | 03/10/2024 |
Constraints List
| Constraints List |
| Paper: Malvern Gazette - Friday |
| CIL003 - Main Urban Area |
| Conservation Area 25m buffer: Malvern Link |
| Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1082733. Listed Building. Bath Villa, 345 Worcester Road. LB/1082733 |
| 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) |
| SWDP 6: Conservation Area |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| Neighbourhood Plan: NPA Boundaries |
| Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1224386. Listed Building. 1, 2 and 3 Royal Oak Gardens, Malvern, WR14 1AH (Formerly listed as The Royal Oak Public House, WORCESTER ROAD (north west side)). LB/1224386 |
| No associated appeals |
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