Application Number M/24/01454/FUL
Status Application Approved

Sign up to notifications on this planning application Back to search results New search

Planning Online Status


  • Application
    Valid
    11/11/2024
  • Consultation
    End
    05/12/2024
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    18/09/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01454/FUL
Location Address Old Orchard 230B West Malvern Road Malvern WR14 4BD
Proposal Proposed single storey self-build dwelling.
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 14/10/2024
Application Valid Date 11/11/2024
Consultation Start Date 13/11/2024
Site Visited / Site Notice Date
Consultation End 05/12/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 18/09/2025

Further Information
Expected Decision Level Delegated
Case Officer Jivan Manku
Parish West Malvern CP
Ward West Ward
Applicant Mr James, BJAD Ltd.
Agent Mr James, BJAD Ltd.
Agent Address 230B West Malvern Road Malvern WR14 4BD

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: - Location Plan - 230BWMR-DWG-003 Rev. A - 230BWMR-DWG-202 Rev. A - 230BWMR-DWG-001 - 230BWMR-DWG-002 Rev. E - 230BWMR-LANDSCAPE(1) - 230BWMR-DWG-004A Reason: To define the permission.
Demolition, clearance or construction work and deliveries to and from the site in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a Saturday. There shall be no demolition, clearance or construction work or deliveries to and from the site on Sundays or Bank Holidays. Reason: To preserve the amenities of the locality in accord with Policy SWDP21 of the South Worcestershire Development Plan.
The Development hereby approved shall not be occupied until the first 5 metres of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material. Reason: In the interests of highway safety and in accordance with policy SWDP21 of the South Worcestershire Development Plan.
The Development hereby permitted shall not be first occupied until sheltered safe, secure and accessible cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only. Reason: To comply with the Council’s parking standards and in accordance with policies SWDP4 and SWDP21 of the South Worcestershire Development Plan.
The Development hereby approved shall not be brought into use until the visibility splays shown on drawing 230BWMR-LANDSCAPE(1) have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway. Reason: In the interests of highway safety and in accordance with policy SWDP21 of the South Worcestershire Development Plan.
The Development hereby approved shall be brought into use until the access and parking facilities shown on Drawing 230BWMR-DWG-001 Rev A has been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and in accordance with policy SWDP21 of the South Worcestershire Development Plan.
Prior to the first occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter. Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with policy SWDP29 of the South Worcestershire Development Plan 2016.
Unless otherwise agreed in writing with the Local Planning Authority, the development hereby approved shall be fitted with non-reflective glazing to all windows and doors for the lifetime of the development. Reason: To protect and conserve view within the Malvern Hills Area of Outstanding Natural Beauty and ensure the development does not detract from the wider landscape character, in accordance with policies SWDP23 and SWDP25 of the South Worcestershire Development Plan
Unless otherwise agreed in writing with the Local Planning Authority, a bat box shall be installed within the land ownership of the site integrated within an existing built structure or the new dwelling (e.g. Ibstock enclosed bat box, Habibat bat box, Schwegler Wall-mounted Bat Shelter 2FE, Habi-Sabi Bat Box or Schwegler 2FR Bat Tube) or installed on a suitable mature tree (e.g. Schwegler 2F Bat Box). The box should be installed at least 4m above ground-level, and not placed above windows. 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
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 Worcestershire Wildlife Consultancy dated August 2016 and updated October 2024 submitted with this application. In particular:- - Tree works and shrub / vegetation removal must be undertaken outside the main nesting season and where this is not possible a suitably qualified ecologist acting as the on-site Ecological Clerk of Works must be engaged to check for nesting birds and to provide advice on the most appropriate way to proceed. - In the unlikely event that any protected species is discovered on the site then all work should cease immediately, and advice should be sought from a suitably qualified and experienced ecologist as soon as possible 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
In accordance with the submitted Water Management Scheme, the daily non-recycled water use per person will not exceed 110 litres per day. Reason: To ensure sustainability measures are taken into account in the development in accordance with Policies SWDP 21 and 30 of the South Worcestershire Development Plan.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - providing pre-application advice - 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.
Bats and their 'roost' sites are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010, the latter of which deems them a European Protected Species. It is a criminal offence to deliberately kill or injure a bat, to disturb or destroy a bat roost or to obstruct an entrance to a roost. If evidence of bats is found, work should stop immediately and Natural England must be contacted on 0845 6003078 for advice on the best way to proceed. All contractors working on site should be made aware of the advice and provided with the relevant contact details.
Work should avoid disturbance to nesting birds. Nesting birds are protected under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000. The main nesting season lasts approximately from March to September, so work should take place outside these dates if at all possible. However, birds can nest at any time and the site including any buildings should ideally be checked for their presence immediately before work starts.
Alteration of highway to provide new or amended vehicle crossover This permission does not authorise the applicant to carry out works within the publicly maintained highway since such works can only be carried out by the County Council’s Approved Contractor, Ringway Infrastructure Service who can be contacted by email worcestershirevehicle.crossing@ringway.co.uk or by phone on 01905 751651. The applicant is solely responsible for all costs associated with construction of the access.
Protection of Visibility Splays The applicant's attention is drawn to the need to ensure that the provision of the visibility splay(s) required by this consent is safeguarded in any sale of the application site or part(s) thereof
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting, substituting, amending, extending, consolidating, replacing or modifying that Order), no additions, extensions or external alterations (including any renewable energy generating technologies, and no new windows or other openings, and no additional building, enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house shall be constructed/carried out on the application site following the completion/first use of the development hereby permitted. Reason: To protect the residential amenity of the surrounding properties and to ensure the development is of a character and appearance which respects its setting, in compliance with policies SWDP21, SWDP23 and SWDP25 of the South Worcestershire Development Plan.
Advisory Note: For the use or reuse of sewer connections, either direct or indirect, to the public sewerage system the Applicant will be required to make a formal application to STWL under Section106 of the Water Industry Act 1991. The Applicant may obtain copies of current guidance notes and application form from either the STWL website (www.stwater.co.uk) or by contacting the STWL Development Services Team (Tel: 0800 707 6600).

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
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision
Planning Application Documents

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
Old Orchard 230B West Malvern Road MALVERN WR14 4BD 04/12/2024
27 Pump Street MALVERN WR14 4LU 04/12/2024
27 Pump Street MALVERN WR14 4LU 04/12/2024
27 Pump Street MALVERN WR14 4LU 04/12/2024
Rose Court 227 West Malvern Road MALVERN WR14 4BE 05/12/2024
223 West Malvern Road MALVERN WR14 4BE 02/01/2025
223 West Malvern Road MALVERN WR14 4BE 01/12/2024
225 West Malvern Road MALVERN WR14 4BE 25/11/2024
Cedar Springs De Walden Road MALVERN WR14 4BL 24/03/2025
230A West Malvern Road MALVERN WR14 4BD 11/02/2025
Quarter House De Walden Road MALVERN WR14 4BL 13/11/2024
Cedar Springs De Walden Road MALVERN WR14 4BL 13/11/2024 04/12/2024
230A West Malvern Road MALVERN WR14 4BD 13/11/2024 22/11/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Malvern Hills Trust 13/11/2024 04/12/2024
Anna Briggs West Malvern Parish Council 13/11/2024 04/12/2024
Asset Protection Team Severn Trent Water Limited 13/11/2024 04/12/2024
Catherine Laidlaw Malvern Hills National Landscape Partnership 13/11/2024 04/12/2024
Cllr J W Raine Malvern West Ward 13/11/2024 04/12/2024
Cllr N McVey Malvern West Ward 13/11/2024 04/12/2024
Consultation Service Natural England 13/11/2024 04/12/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 13/11/2024 04/12/2024
Highways County Highways 13/11/2024 04/12/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 13/11/2024 04/12/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 13/11/2024 04/12/2024
Sammie Lynch Policy Plans - Self Build 13/11/2024 04/12/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 13/11/2024 04/12/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 13/11/2024 04/12/2024

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
Permitted Development Rights Removal may apply : 20/01271/FUL
Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty)
Area of Special Control of Advertisements
Surface Water: 1 in 1000 extent
CIL003 - Main Urban Area
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Policy Case HLA - MIG/03/01728/HOU. Building Plots, At De Walden Road, West Malvern Road, Malvern. Construction of two detached chalet type dwellings including basement.. Open Market. Small windfall (HLA only)
Policy Case HLA - MHDC/61/HOU. Old Orchard, 230B West Malvern Road, Malvern, WR14 4BD. Erection of a three bedroom dwelling, car parking spaces and associated works. Open Market. Small windfall (HLA only)
SWDP 23: Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty)
SWDP 2: Development Boundary
SWDP 5: Urban - Unsurveyed
Site of Special Scientific Interest within 500m
No associated appeals