Application Number M/25/00140/CLPU
Status Application Refused

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Planning Online Status


  • Application
    Valid
    27/01/2025
  • Consultation
    End
    11/03/2025
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    17/03/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00140/CLPU
Location Address Emerald Cottage 2 Bestmans Lane Kempsey Worcester WR5 3PZ
Proposal Certificate of lawfulness for proposed Single storey side and rear extensions to the existing residential property
Status Refusal
Application Type Certificate of Lawfulness of proposed use
Appeal Decision N/A

Important Dates
Application Received Date 27/01/2025
Application Valid Date 27/01/2025
Consultation Start Date 31/01/2025
Site Visited / Site Notice Date
Consultation End 11/03/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 17/03/2025

Further Information
Expected Decision Level Delegated
Case Officer Wendy Trimble
Parish Kempsey CP
Ward Kempsey Ward
Applicant Ms. J Raxter, RDL
Agent Mr. Julian Raxter, RDL
Agent Address The Old Barn Hollowfields Road Hanbury Redditch B96 6RD

Condition Details / Information Notes
Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/00140/CLPU registered on 27th January 2025 for a Certificate of Lawfulness Proposed Use or Development is REFUSED in relation to the matter described in the First Schedule to this Notice in respect of the land specified in the Second Schedule to this Notice as the matter described in the First Schedule to this Notice would not be lawful as at the 27th January 2025 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s) :- The proposed single storey extensions would fail to meet the requirements of Criterion (e) and (k) of Class A, Schedule 2 of the Order. It is not possible to confirm if the proposal would comply with the conditions as set out within part A:2 (a) which require materials to be of a similar appearance to the existing property. As such the proposal cannot be confirmed to be ‘Permitted Development’ as set out under Class A, Schedule 2. This application is to be refused based upon the failure to satisfy the requirements of Class A, Schedule 2.
FIRST SCHEDULE Certificate of lawfulness for proposed Single storey side and rear extensions to the existing residential property SECOND SCHEDULE Emerald Cottage, 2 Bestmans Lane, Kempsey, Worcestershire WR5 3PZ
This decision notice relates to the following plans: Site Location Plan Site Block Plan as Proposed Plans and Elevations as Proposed No 10795-03

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 27/01/2025 Application Form (252kb) -
Application Plans
04. Site / Location Plan 27/01/2025 Site Location Plan (34kb) -
04a. Block Plan 27/01/2025 Site Block Plan Proposed (42kb) -
05. Existing Plans 27/01/2025 Existing Floor Plan and Elevations (155kb) 10794-01 - A
06. Proposed Plans 27/01/2025 Proposed Floor Plan and Elevations (132kb) 10794-03 -
Statutory Consultee Response
09. Response - Statutory Consultee 31/01/2025 Cllr D Harrison - Kempsey Ward (75kb) -
Decision
11. Decision Information 17/03/2025 Delegated Report (152kb) -
12. Decision Notice 17/03/2025 Decision Notice (129kb) -

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.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr D Harrison Kempsey Ward 31/01/2025 21/02/2025
Cllr J. Michael Kempsey Ward 31/01/2025 21/02/2025

Constraints List


Constraints List
CIL009 - Non-Urban Area
Neighbourhood Plan: NPA Boundaries
Surface Water: 1 in 1000 extent
Outside SWDP Development Boundary
Minerals - Sand And Gravel
Paper: Malvern Gazette - Friday
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
SWDP 32: Sand and Gravel
TPO REF: TPO/M/667 (2020). ADDRESS: Mount Emerald 1 Bestmans Lane Kempsey Worcester
Site of Special Scientific Interest within 500m
No associated appeals