Application Number M/24/01706/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    11/12/2024
  • Consultation
    End
    06/01/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    31/07/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01706/FUL
Location Address The Lodge Birts Street Birtsmorton WR13 6AW
Proposal Proposed erection of a replacement (self-build) dwelling and garage following demolition of the existing dwelling and outbuilding.
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 04/12/2024
Application Valid Date 11/12/2024
Consultation Start Date 12/12/2024
Site Visited / Site Notice Date
Consultation End 06/01/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 31/07/2025

Further Information
Expected Decision Level Delegated
Case Officer Marcel Grater
Parish Birtsmorton CP
Ward Longdon Ward
Applicant Tim and Dawn Gray
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 – "Location Plan", 6069/PL02B RevA, 6069/PL03D. 6069/PL04F, 6069/PL05D, 6069/PL06F, 6069/PL07E, 6069/PL09A. Reason: To define the permission.
Within 1 calendar month of the first occupancy of the replacement dwelling hereby permitted, the original dwelling shall be fully demolished and all waste material (except that to be used in the construction of the replacement dwelling) shall be removed from the site. Reason: The new dwelling is only permitted on the basis that it replaces the existing dwelling in accordance with policy SWDP18 of the South Worcestershire Development Plan.
Before the first use/ occupation of the dwelling hereby permitted, the bird and bat box shall be provided in accordance with the approved details within the Preliminary Ecological Assessment. 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.
All planting and seeding/turfing comprised in the submitted landscape scheme within the Preliminary Ecological Assessment, hereby approved, shall be carried out in the first planting season following the first occupation/use of the development. All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment. Any trees or plants that die, or  are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, 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 2016.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Assessment carried out by Wilder Ecology dated 28/11/2024 and submitted with this application. In particular:- - Toolbox Talk - Protection of trees on site by using tree protection fencing - Ornamental shrubs and Sycamore and Portugese laurel and sapling to be removed outside of the main birds nesting season (March/ April to August) following a fingertip search by a licensed Ecologist. - No external lighting shall be installed on the proposed development without the prior approval of the Local Planning Authority. - Prior to the first use/ occupation of the proposed dwelling, the provision of a wildlife pond shall be completed in accordance with appendix 5, detailed within the PEA. Reason: To ensure the development contributes to the conservation and enhancement of ecology within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan.
No development shall begin until a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following details:- a. details to minimise the impact of noise, vibration and dust from construction, demolition and site clearance activities and the traffic associated with this development, including a scheme for vehicle wheel cleaning and other measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway. The CEMP shall broadly accord with BS 5228 - 1&2:2009 +A1:2014 (Code of practice for noise and vibration control on construction and open sites) and the WRS Demolition and Construction Guidance; b. details of site operative parking areas, material storage areas and the location of site operative facilities (offices, toilets etc); c. restrictions on burning; d. details in relation to the prevention of pollution of waterways; e. construction exclusion zones to prevent soil compaction in areas to be planted and remediation proposals for any soil compaction which does occur; f. a strategy for the handling and storage of topsoil; g. a management strategy and proposals for the minimisation of construction waste; h. details of any temporary construction accesses and their reinstatement; i. a scheme of temporary signage to direct construction related traffic to enter and exit the site; and j. a highway condition survey, timescale for re-inspections, and details of any reinstatement. k. where the development site includes a public right of way, measures to manage and maintain safe use of the right of way by the public and avoid or minimise the need for temporary closure. The measures set out in the approved Plan shall be carried out and complied with in full during the construction of the development hereby approved. Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved in writing by the Local Planning Authority. The CEMP should generally comply with the requirements of Worcestershire Regulatory Services Code of Best Practice for Demolition and Construction Sites 2nd Edition September 2020 and the Construction Logistics and Community Safety (CLOCS) Standard www.clocs.org.uk/clocsworks Reason: To protect existing and new occupiers of residential areas from the unreasonable effects of noise, vibration, light and dust nuisance, to avoid and mitigate for any potential impact on protected species, minimise the risk of accidents and ensure public rights of way are kept available where possible for the duration of the construction, in accordance with Policies SWDP4, 21 and 22 of the South Worcestershire Development Plan.
The development hereby permitted shall not be occupied/first used until full details of all surface water drainage systems and foul water drainage details to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter. Reason: To ensure development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.
Before the first occupation of the dwelling hereby permitted the windows in the east-facing side elevation detailed on 6069-PL06F shall be fitted with Pilkington Level 4 obscured glazing or equivalent and shall be top-opening only and shall be permanently retained in that condition thereafter. Reason - To protect the amenities of adjoining/nearby properties from unacceptable overlooking/loss of privacy and/or represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan.
The construction work on the dwelling hereby approved shall not be commenced until the precise floor slab levels of the new dwelling, relative to the existing development on the boundary of the application site have been submitted to and approved in writing by the local planning authority. Thereafter the new dwelling shall be constructed at the approved floor slab levels. 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; In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. * delete as appropriate
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 assets that may be affected by this proposal and as such the applicant must contact Severn Trent 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.
Buildings, and particularly roofs and the spaces underneath them, are frequently used as roosting sites by bats. Bats and their 'roost' sites are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats & 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 an ecological consultant contacted for advice on the best way to proceed. All contractors working on site should be made aware of the advice and provided with the contact details of a relevant ecological consultant.
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.

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
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
1 Leys Cottage Birts Street Birtsmorton MALVERN WR13 6AW 02/01/2025
Elmbury Birts Street Birtsmorton MALVERN WR13 6AW 12/12/2024 03/01/2025
2 Leys Cottage Birts Street Birtsmorton MALVERN WR13 6AW 12/12/2024
The Brambles Birts Street Birtsmorton MALVERN WR13 6AW 12/12/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Asset Protection Team Severn Trent Water Limited 12/12/2024 02/01/2025
Cllr Jennie Watkins Longdon Ward 12/12/2024 02/01/2025
Consultation Service Natural England 12/12/2024 02/01/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 12/12/2024 02/01/2025
Highways County Highways 12/12/2024 02/01/2025
Housing Team - MHDC Housing - MHDC 12/12/2024 02/01/2025
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 12/12/2024 02/01/2025
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 12/12/2024 02/01/2025
Mrs Christina Leake Birtsmorton Parish Council 12/12/2024 02/01/2025
Sammie Lynch Policy Plans - Self Build 12/12/2024 02/01/2025
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 12/12/2024 02/01/2025
Worcestershire Wildlife Trust Worcestershire Wildlife Trust 12/12/2024 02/01/2025

Constraints List


Constraints List
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Policy Case HLA - MHDC/375/HOU. The Lodge, Birts Street, Birtsmorton, Malvern, WR13 6AW. Application for an Existing Lawful Development Certificate for the erection of, and use of, a dwellinghouse., , Retrospective. Open Market. Small windfall (HLA only)
Paper: Malvern Gazette - Friday
SWDP 15: Designated Rural Areas
Outside SWDP Development Boundary
SWDP 5: Protect and Enhance
CIL009 - Non-Urban Area
Surface Water: 1 in 1000 extent
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Site of Special Scientific Interest within 500m
Old Lowland Meadow area on or within 500m
No associated appeals