Application Number M/24/01789/OUT
Status Application Refused

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Planning Online Status


  • Application
    Valid
    29/01/2025
  • Consultation
    End
    04/03/2025
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    26/03/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01789/OUT
Location Address 134-136 Newtown Road Malvern WR14 1PF
Proposal Outline application for the erection of three storey building including ground level undercroft parking and 9 flats above, following demolition of existing building with all matters submitted for consideration except landscaping.
Status Refusal
Application Type Outline Application
Appeal Decision N/A

Important Dates
Application Received Date 20/12/2024
Application Valid Date 29/01/2025
Consultation Start Date 29/01/2025
Site Visited / Site Notice Date
Consultation End 04/03/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 26/03/2025

Further Information
Expected Decision Level Delegated
Case Officer Anna Priestley-Clarke
Parish Malvern CP
Ward Link Ward
Applicant Ahmad Moghadaszadeh
Agent Mr Benjamin James
Agent Address 27 Pump Street Malvern WR14 4LU

Condition Details / Information Notes
The proposal would be an overdevelopment of the site and the height and expanse of the building would be out of keeping with neighbouring properties, resulting in the massing of the proposed building appearing incongruous with the surroundings. The proposed three-storey building would visually dominate the streetscene forming an over-dominant and intrusive feature. The proposal is therefore contrary to Policy SWDP21 of the South Worcestershire Development Plan, the Design Guide SPD and also contrary to Policy MD1 and MHE2 of the Malvern Town Neighbourhood Plan.
The proposed development would result in a significant adverse impact on the amenity of the neighbouring dwellings 1 Uplands Drive and 130 & 132 Newtown Road and would also fail to provide suitable private amenity space for the occupants of the development contrary to Policy SWDP21 of the South Worcestershire Development Plan, the Design Guide SPD and also contrary to Policy MH2 of the Malvern Town Neighbourhood Plan.
The information submitted with the application is inadequate and inconsistent, failing to demonstrate that the development would not lead to severe adverse impacts on highway safety, contrary to Policy SWDP21 of the South Worcestershire Development Plan and also contrary to Policy MD1 of the Malvern Town Neighbourhood 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; - considering the imposition of conditions and or the completion of a s.106 legal agreement. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. This is in accordance with paragraph 39 of the NPPF.  Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above.

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
01. Application Form 20/12/2024 Applicationformredacted (454kb) -
01. Application Form 29/01/2025 Initial Consultee List 24.01789 (287kb) -
02. Supporting Information 20/12/2024 House Of Fires Design & Access Statement (10564kb) -
02. Supporting Information 20/12/2024 Preliminary Ecological Appraisal and Roost Assessment (4215kb) -
02. Supporting Information 31/12/2024 Water Management Statement House Of Fires (66kb) -
02. Supporting Information 28/01/2025 Energy Statement - House of Fires.docx (263kb) -
Application Plans
04. Site / Location Plan 20/12/2024 Proposed Site Plan at 1:75 (172kb) HOF-DWG-PSP -
04. Site / Location Plan 20/12/2024 Location Plan (392kb) HOF-DWG-LP -
04a. Block Plan 20/12/2024 Proposed Block Plan (267kb) HOF-DWG-PBP -
05. Existing Plans 20/12/2024 Existing Elevations (148kb) HOF-DWG-EE -
05. Existing Plans 20/12/2024 Existing Plans (183kb) HOF-DWG-EP -
06. Proposed Plans 20/12/2024 Proposed Elevations (2258kb) HOF-DWG-PE -
06. Proposed Plans 20/12/2024 Proposed Plans (1105kb) HOF-DWG-PP -
06. Proposed Plans 20/12/2024 Proposed Street Scene (784kb) HOF-DWG-PSS -
06. Proposed Plans 20/12/2024 Proposed Section (1354kb) HOF-DWG-PS -
Neighbour and Other Response
08. Response - Neighbour and Other 09/02/2025 Robert McFarlane 143 Newtown Road, MALVERN, WR14 1PJ (80kb) -
08. Response - Neighbour and Other 11/02/2025 Paul Ferguson (158kb) -
08. Response - Neighbour and Other 12/02/2025 David Barber Rigel, 19 Chester Place, MALVERN, WR14 1RQ (81kb) -
08. Response - Neighbour and Other 12/02/2025 G Barber Rigel, 19 Chester Place, MALVERN, WR14 1RQ (80kb) -
08. Response - Neighbour and Other 19/02/2025 Ros Weston 23 Upper Chase Road, MALVERN, WR14 2BT (85kb) -
08. Response - Neighbour and Other 03/03/2025 John Somers 141 Newtown Road, MALVERN, WR14 1PF (82kb) -
08. Response - Neighbour and Other 03/03/2025 Clare Allen 4 Uplands Drive, MALVERN, WR14 1FE (85kb) -
08. Response - Neighbour and Other 05/03/2025 Becky Janes 3 Quest Hills Road, MALVERN, WR14 1RJ (80kb) -
08. Response - Neighbour and Other 13/03/2025 Candice phillips 130 Newtown Road, MALVERN, WR14 1PF (79kb) -
08. Response - Neighbour and Other 13/03/2025 Mr & Mrs Raymond White 1 Blackmore Road, MALVERN, WR14 1QX (80kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 03/02/2025 Worcester Regulatory Services Contaminated Land - Worcestershire Regulatory Services (77kb) -
09. Response - Statutory Consultee 20/02/2025 Drainage Engineer - Engineers - S.W. Land Drainage Partnership (81kb) -
09. Response - Statutory Consultee 19/03/2025 Aidan Smyth - MHDC Archaeology & Planning Advisor (79kb) -
09. Response - Statutory Consultee 10/02/2025 WCC Highways (45kb) -
09a. Response - Statutory Consultee Attachment 03/02/2025 Worcester Regulatory Services Contaminated Land (87kb) -
09a. Response - Statutory Consultee Attachment 19/03/2025 Aidan Smyth (71kb) -
Decision
11. Decision Information 26/03/2025 Delegated Report (222kb) -
12. Decision Notice 26/03/2025 Decision Notice (158kb) -

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
3 Quest Hills Road MALVERN WR14 1RJ 05/03/2025
4 Uplands Drive MALVERN WR14 1FE 03/03/2025
Rigel 19 Chester Place MALVERN WR14 1RQ 12/02/2025
Rigel 19 Chester Place MALVERN WR14 1RQ 12/02/2025
141 Newtown Road MALVERN WR14 1PF 03/03/2025
1 Blackmore Road MALVERN WR14 1QX 13/03/2025
1 Queens Road Malvern WR14 1RG 11/02/2025
143 Newtown Road MALVERN WR14 1PJ 09/02/2025
23 Upper Chase Road MALVERN WR14 2BT 19/02/2025
130 Newtown Road MALVERN WR14 1PF 29/01/2025 13/03/2025
1 Uplands Drive MALVERN WR14 1FE 29/01/2025
126 Newtown Road MALVERN WR14 1PF 29/01/2025
128 Newtown Road MALVERN WR14 1PF 29/01/2025
5 Uplands Drive MALVERN WR14 1FE 29/01/2025
Flat 1 2 Queens Road MALVERN WR14 1RG 29/01/2025
Flat 2 2 Queens Road MALVERN WR14 1RG 29/01/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Defence Estates Safeguarding 29/01/2025 19/02/2025
Aidan Smyth MHDC Archaeology & Planning Advisor 29/01/2025 19/02/2025
Cllr Fran Victory Link Ward 29/01/2025 19/02/2025
Cllr Neville Mills Link Ward 29/01/2025 19/02/2025
Councillor K.H. Chan Link Ward 29/01/2025 19/02/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 29/01/2025 19/02/2025
Highways County Highways 29/01/2025 19/02/2025
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 29/01/2025 19/02/2025
Town Council Clerk Malvern Town Council 29/01/2025 19/02/2025
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 29/01/2025 19/02/2025
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 29/01/2025 19/02/2025

Constraints List


Constraints List
CIL003 - Main Urban Area
Paper: Malvern Gazette - Friday
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Contamination Consult Area - Site Name: NULL Type: Historic landfill site
Interferometer Area. INFER/7018 -
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Landfill Consultation - If Application is a Major (PS2 1-6) consultation required via E.A Checklist
SWDP 2: Development Boundary
SWDP 5: Urban - Unsurveyed
Neighbourhood Plan: Local Heritage Area
Neighbourhood Plan: NPA Boundaries
Surface Water: 1 in 30 extent.
No associated appeals