Application Number M/24/01164/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    24/10/2024
  • Consultation
    End
    29/11/2024
  • Committee
    Meeting
    19/03/2025
  • Decision

    Approval
  • Decision
    Date
    24/03/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01164/FUL
Location Address Avenue House 9 Tibberton Road Malvern WR14 3AN
Proposal Proposed erection of a detached dwellinghouse and creation of a new access onto Tibberton Road.
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 20/08/2024
Application Valid Date 24/10/2024
Consultation Start Date 28/10/2024
Site Visited / Site Notice Date
Consultation End 29/11/2024
Advert Expiry 29/11/2024
Committee Date (if applicable) 19/03/2025
Committee Agenda Planning Committee Information
Decision Date 24/03/2025

Further Information
Expected Decision Level Committee
Case Officer Laura Saich
Parish Malvern CP
Ward Great Malvern Ward
Applicant Malvern St James
Agent Mr Simon Rowles, Greenaway Planning Limited
Agent Address PO Box 937 Worcester WR4 4GS

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents – 2-102 Proposed Floor Plans 2-001 Rev A Location Plan 2-101 Rev A Proposed Site Plan 2-106 Proposed Elevations 2-107 Tree Protection Plan 2-108 Highways Plan 2-109 Construction Management Plan 2-110 Indicative Streetview Reason: To define the permission.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Appraisal report carried out by Countryside Consultants Ltd dated February 2024 and submitted with this application. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan.
(A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1) The programme and methodology of site investigation and recording. 2) The programme for post investigation assessment. 3) Provision to be made for analysis of the site investigation and recording. 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation. 5) Provision to be made for archive deposition of the analysis and records of the site investigation. 6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. (B) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 200 and 211 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority, and The scheme shall be implemented in accordance with the approved details before the development is first brought into use. Planning Practice Guidance and section H of the Building Regulations 2010 detail surface water disposal hierarchy. The disposal of surface water by means of soakaways should be considered as the primary method. If this is not practical and there is no watercourse available as an alternative, other sustainable methods should also be explored. If these are found unsuitable satisfactory evidence will need to be submitted before a discharge to the public sewerage system is considered. No surface water to enter the foul or combined water systems by any means. Reason: To ensure that the development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.
Before undertaking any work on site, all applicants must determine if Severn Trent has any assets in the vicinity of the proposed works. This can be done by accessing our records at www.digdat.co.uk Severn Trent Water advise that even if our statutory records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under The Transfer of Sewer Regulations 2011. Our records indicate that there are no assets that may be affected by this proposal, however it is the duty of the site owner to confirm this is the case before any work takes place. Public sewers and Water mains have statutory protection and may not be built close to, or diverted without consent, consequently you must contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the proposed building.
The approved Biodiversity Gain Plan shall be implemented in accordance with the details and timescale agreed within the Plan and maintained thereafter in accordance with the approved Habitat Management and Monitoring Plan (HMMP). Reason: To ensure that the proposed development delivers a biodiversity net gain in accordance with Schedule &A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan.
Development shall not commence until evidence has been submitted to and approved in writing by the Local Planning Authority (LPA) demonstrating that a conservation covenant or a section 106 agreement has been entered into to provide and control the long-term management, monitoring, and enhancement of biodiversity at the off-site habitat located at Martley Habitat Bank or other comparable facility within the LPA’s administrative area or the Severn and Avon Vales NCA. The conservation covenant or section 106 agreement shall ensure the delivery of the required biodiversity units for a minimum period of 30 years from the completion of the habitat enhancement works. The submitted evidence shall include a copy of the conservation covenant or section 106 agreement demonstrating that the off-site habitat is managed in accordance with the approved Biodiversity Gain Plan Reason: To comply with the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 and paragraphs 180 and 186 of the National Planning Policy Framework.
The statutory Biodiversity Net Gain (BNG) condition set out at Section 13 of the Environment Act 2021 applies to this permission. This requires submission to and approval by the Local Planning Authority of a Biodiversity Gain Plan before development begins. As the proposed planting on site is not sufficient to deliver the required 10% BNG in area habitats, off-site provision will be required. A legal agreement under S106 of the Planning Act 1990 may be required to secure this provision for the next 30 years. The Planning Advisory Service has produced a recommended template for such agreements, specifically for use with off-site habitat banks as is proposed here. The Biodiversity Gain Plan must include: (a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; (b) the pre-development biodiversity value of the onsite habitat; (c) the post-development biodiversity value of the onsite habitat; (d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development; (e) any biodiversity credits purchased for the development; and (f) any such other matters as the Secretary of State may by regulations specify.
Before the first occupation of the building(s) hereby permitted the window(s) at first floor level or above on the south and north elevation shall be fitted with Pilkington Level 4 obscured glazing or equivalent and shall be permanently retained in that condition thereafter. Reason - To protect the amenities of nearby properties from unacceptable overlooking/loss of privacy and represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan.
The Development hereby approved shall not be occupied until an area has been laid out within the curtilage of the dwelling for the parking of 3 cars at a gradient not exceeding 1 in 8. This area shall thereafter be retained for the purpose of parking a vehicle only. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.
Within 6 months from the date of first occupation of the approved dwellings the properties shall be connected to super-fast broadband. Reason: To ensure the development is in accordance with Policy SWDP26 of the South Worcestershire Development Plan.
Before the first use/occupation of the development hereby permitted details of a precise specification of the proposed materials for the hard landscaping of the site (including roads, paths, parking areas and other hard surfaces) shall be submitted to and approved in writing by the local planning authority. The hard landscaping of the site shall be completed before the first use/occupation of the development hereby permitted. Development shall be carried out in accordance with the approved details. Reason - To ensure the proposed development represents high quality design and does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
The development hereby permitted shall not be brought into use until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:- (i) a plan(s) showing details of all existing trees and hedges on the application site. The plan should include, for each tree/hedge, the accurate position, canopy spread and species, together with an indication of any proposals for felling/pruning and any proposed changes in ground level, or other works to be carried out, within the canopy spread. (ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas. (iii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants. (iv) a written specification outlining cultivation and other operations associated with plant and grass establishment. (v) a schedule of maintenance, including watering and the control of competitive weed growth for a minimum period of five years from first planting, and details of long-term after-care. All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - seeking further information following receipt of the application; - seeking amendments to the proposed development following receipt of the application; - considering the imposition of conditions In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

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
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Committee Documents
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
Flat 3 Birchwood Imperial Road MALVERN WR14 3AW 15/01/2025
Flat 1 The Haylings Imperial Road MALVERN WR14 3AW 27/11/2024
Flat 3 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024 29/11/2024
Flat 7 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024 28/11/2024
5 Tibberton Road MALVERN WR14 3AN 28/10/2024 13/11/2024
Flat 8 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024 29/11/2024
3 Tibberton Road MALVERN WR14 3AN 28/10/2024
Batsford 9 Avenue Road MALVERN WR14 3AR 28/10/2024
Flat 1 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 2 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 2 The Haylings Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 3 The Haylings Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 4 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 4 The Haylings Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 5 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024
Flat 1 The Haylings Imperial Road MALVERN WR14 3AW 28/10/2024 23/11/2024
Flat 6 Birchwood Imperial Road MALVERN WR14 3AW 28/10/2024 28/11/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Defence Estates Safeguarding 28/10/2024 18/11/2024
Aidan Smyth MHDC Archaeology & Planning Advisor 28/10/2024 18/11/2024 28/10/2024
Asset Protection Team Severn Trent Water Limited 28/10/2024 18/11/2024 19/11/2024
Cllr Beverley Nielsen Great Malvern Ward 28/10/2024 18/11/2024
Cllr Cynthia Palmer Great Malvern Ward 28/10/2024 18/11/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 28/10/2024 18/11/2024 13/11/2024
Highways County Highways 28/10/2024 18/11/2024
MHDC Heritage Officer MHDC Heritage Officer 28/10/2024 18/11/2024 19/03/2025
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 28/10/2024 18/11/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 28/10/2024 18/11/2024
Town Council Clerk Malvern Town Council 28/10/2024 18/11/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 28/10/2024 18/11/2024
Town Council Clerk Malvern Town Council 11/03/2025

Constraints List


Constraints List
CIL003 - Main Urban Area
Neighbourhood Plan: NPA Boundaries
Interferometer Area. INFER/7018 -
Conservation Area 25m buffer: Great Malvern
SWDP 5: Urban - Unsurveyed
SWDP 2: Development Boundary
SWDP 6: Conservation Area
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Paper: Malvern Gazette - Friday
No associated appeals