| Application Number | M/24/00860/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid08/08/2024 -
Consultation
End14/09/2024 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date13/11/2024 -
Appeal
Started17/02/2025 -
Appeal
DecisionDismissed
| Summary | |
| Application Number | M/24/00860/FUL |
| Location Address | Station House Worcester Road Malvern WR14 1SW |
| Proposal | Conversion and Change of Use of existing Holiday Let building to form 3no. dwelling houses. |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | Dismissed |
| Important Dates | |
| Application Received Date | 26/06/2024 |
| Application Valid Date | 08/08/2024 |
| Consultation Start Date | 16/08/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 14/09/2024 |
| Advert Expiry | 14/09/2024 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 13/11/2024 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Laura Saich |
| Parish | Malvern CP |
| Ward | Link Ward |
| Applicant | Mr Lee Bone |
| Agent | Mr Ben Greenaway, Greenaway Planning Limited |
| Agent Address | PO Box 937 Worcester WR4 4GS |
| Condition Details / Information Notes |
| The proposed development would fail to provide a satisfactory living environment for future occupiers of the site, with regard to level of noise disturbance arising from the adjacent operational railway line and station; the lack of privacy as a consequence of overlooking from the pedestrian access from Worcester Road, which abuts the building on its eastern side. Furthermore, the balcony of the proposed northern unit would overlook and over sail the amenity space of the mid terrace unit and the amenity area for the mid terrace unit would abut the wall with ground floor windows lighting habitable rooms serving the north unit, resulting in mutual overlooking and loss of privacy. In addition, the northern unit would have a deficient amount of living accommodation, contrary to the national space standards. Accordingly, the proposed development would result in an over-intensive and inappropriate use of the building contrary to paragraph 135 of the NPPF, Policy SWDP21 and SWDP 31(A) of the South Worcestershire Development Plan (adopted 2016) and Policy MH2 of Malvern Town Neighbourhood Plan. |
| The proposed plans appear to show that the scheme would involve the removal of the top of the stone window surrounds of each window. The window details (surrounds and fenestration design) may simply be a detail carried forward from earlier permissions, but the applicant has not amended the application in response to these matters being drawn to his attention prior to validation. There is no harm arising from the existing fenestration and window surrounds, even if these differ from the earlier approved permissions and it would not be desirable to change them in the manner suggested on the proposed plans, as that would materially alter the pattern of fenestration, introduce top-hung lights and diminish the vertical emphasis of the current glazing, resulting in harm to the character, appearance and significance of the non-designated heritage asset and Conservation Area. As such, the proposal is not considered to accord with SWDP6, SWDP24 of the South Worcestershire Development Plan and policies MHE1 and MD2 of the Malvern Town Neighbourhood Plan as well as guidance within the Framework as the character of the building and the Conservation Area would not be be conserved or enhanced. |
| This decision relates to Drawing no/s: P301 Rev C Proposed Floor Plans and Elevations P001 Site Layout and Location Plan |
| 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 that reason 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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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 |
|---|---|---|
| 91 Oakfield Road MALVERN WR14 1DT | 16/08/2024 | |
| Elgar Lodge 1 Howsell Road Malvern | 16/08/2024 | |
| Malvern Fire Station Worcester Road MALVERN WR14 1TD | 16/08/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Fran Victory | Link Ward | 16/08/2024 | 06/09/2024 | |
| Cllr Neville Mills | Link Ward | 16/08/2024 | 06/09/2024 | |
| Consultation Service | Natural England | 16/08/2024 | 06/09/2024 | |
| Councillor K.H. Chan | Link Ward | 16/08/2024 | 06/09/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 16/08/2024 | 06/09/2024 | |
| Highways | County Highways | 16/08/2024 | 06/09/2024 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 16/08/2024 | 06/09/2024 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 16/08/2024 | 06/09/2024 | |
| Network Rail | Network Rail Infrastructure Ltd | 16/08/2024 | 06/09/2024 | |
| Policy Plans - General | Policy Plans - General | 16/08/2024 | 06/09/2024 | |
| Town Council Clerk | Malvern Town Council | 16/08/2024 | 06/09/2024 | |
| Worcester Regulatory Services Contaminated Land | Worcestershire Regulatory Services | 16/08/2024 | 06/09/2024 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 16/08/2024 | 06/09/2024 | |
| Worcestershire Wildlife Trust | Worcestershire Wildlife Trust | 16/08/2024 | 06/09/2024 |
Constraints List
| Constraints List |
| Conservation Area 25m buffer: Trinity |
| Surface Water: 1 in 100 extent. |
| Surface Water: 1 in 1000 extent |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| SWDP 4: Safeguarded Land For Transport Infrastructure |
| SWDP 6: Conservation Area |
| Interferometer Area. INFER/7018 - |
| Paper: Malvern Gazette - Friday |
| TPO REF: TPO/M/645 (2019). ADDRESS: Station House Worcester Road Malvern WR14 1SW |
| CIL003 - Main Urban Area |
| Conservation Area 25m buffer: Malvern Link |
| Enforcement Notice Issued Ref: 05/00096/BOC4 Property: Land At Station ApproachHowsell RoadMalvernWorcestershire |
| Neighbourhood Plan: NPA Boundaries |
| Contaminated Land |
| Surface Water: 1 in 30 extent. |
| Railway Line |
| Local Wildlife Site within 100m: Malvern Link Common |
| Appeals Information | |
| Number | M/24/00860/FUL |
| PINS Appeal Ref | APP/J1860/W/25/3359831 |
| Method | Written Representations Procedure |
| Start date | 17/02/2025 |
| LPA Final Comments Due | 07/04/2025 |
| Interested Party Comments Due | 24/03/2025 |
| Inquiry Date | |
| Venue | |
| Decision | Dismissed |
| Issue Date | 09/06/2025 |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3359831
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’.
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