Application Number M/25/00147/HP
Status Application Refused

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Planning Online Status


  • Application
    Valid
    20/02/2025
  • Consultation
    End
    21/03/2025
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    27/03/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00147/HP
Location Address The Beakes 25 Queens Drive Malvern WR14 4RE
Proposal Decking and shed, with close-lattice fencing to boundary
Status Refusal
Application Type Householder Planning
Appeal Decision N/A

Important Dates
Application Received Date 28/01/2025
Application Valid Date 20/02/2025
Consultation Start Date 20/02/2025
Site Visited / Site Notice Date
Consultation End 21/03/2025
Advert Expiry 21/03/2025
Committee Date (if applicable)
Committee Agenda
Decision Date 27/03/2025

Further Information
Expected Decision Level Delegated
Case Officer Clare Bull
Parish Malvern CP
Ward Great Malvern Ward
Applicant Mr & Mrs M Peden
Agent Mr Marcus Cleaver, Marcus Cleaver
Agent Address 10 Gilbert Road Malvern WR14 3RQ

Condition Details / Information Notes
By virtue of the position, the height and scale of the decking, and in particular the upper level platform, the development allows a direct and harmful level of overlooking, and creates a perception of being overlooked, to the significant detriment of the amenity standards of the future occupants of the former Holly Mount United Reformed Church. Furthermore, the raised platform, which directly abuts the neighbouring boundary would be of a height, position and size which enables the use of this space for the siting of tables and chairs, and occupation for extended periods. As such, this could result in a substantial increase in noise and disturbance to the neighbouring residents, and in particular their bedroom windows, which are in close proximity to the platform; to the significant detriment to their quiet enjoyment of their property. As such the proposed development would conflict with Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan, policy MH2 of the Malvern Town Neighbourhood Plan, and fail to satisfy paragraphs 8, 135 and 191 of the National Planning Policy Framework.
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. This is in accordance with paragraph 38 of the NPPF.  Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above.
This decision notice relates to the following plans: QDP.02A Block Plans QDP.03A Location Plan QDP.01B Plans QDP.04B Plans & Elevations (including proposed mitigation)

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 28/01/2025 Applicationformredacted (306kb) -
01. Application Form 20/02/2025 Initial Consultee List 25.00147 (289kb) -
02. Supporting Information 30/01/2025 Design & Access Statement (29kb) -
02. Supporting Information 10/02/2025 Heritage & Water Management Statement (13kb) -
Application Plans
04. Site / Location Plan 28/01/2025 Location Plan (57kb) QDP.03 A -
04a. Block Plan 10/02/2025 Block plans (70kb) QDP.02A - A
06. Proposed Plans 28/01/2025 Side Elevation (77kb) QDP.01A -
06. Proposed Plans 30/01/2025 Boundary Elevation (441kb) QDP.04/D -
06. Proposed Plans 30/01/2025 Internal Elevations & Sections (379kb) QDP.05A -
06. Proposed Plans 20/02/2025 Front Elevation of Fence (57kb) QDP.05 -
Neighbour and Other Response
08. Response - Neighbour and Other 25/02/2025 Richard Simmonds Former 1, Queens Drive, MALVERN, WR14 4RE (76kb) -
08. Response - Neighbour and Other 01/03/2025 Mr & Mrs D R Preece Nimrod, Queens Drive, MALVERN, WR14 4RE (75kb) -
08. Response - Neighbour and Other 13/03/2025 Richard Simmonds Former 1, Queens Drive, MALVERN, WR14 4RE (82kb) -
08. Response - Neighbour and Other 26/03/2025 Alex Milton 5 Edith Walk, MALVERN, WR14 4QH (87kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 24/02/2025 Highways (84kb) -
09. Response - Statutory Consultee 12/03/2025 Drainage Engineer - Engineers - S.W. Land Drainage Partnership (73kb) -
Decision
11. Decision Information 27/03/2025 Delegated Report (188kb) -
12. Decision Notice 27/03/2025 Decision Notice (159kb) -

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
5 Edith Walk MALVERN WR14 4QH 26/03/2025
Nimrod Queens Drive MALVERN WR14 4RE 01/03/2025
Former 1 Queens Drive MALVERN WR14 4RE 25/02/2025
Former 1 Queens Drive MALVERN WR14 4RE 13/03/2025
21 Queens Drive MALVERN WR14 4RE 20/02/2025
16 Queens Drive MALVERN WR14 4RE 20/02/2025
Nimrod Queens Drive MALVERN WR14 4RE 20/02/2025
22 Queens Drive MALVERN WR14 4RE 20/02/2025
19-21 Worcester Road MALVERN WR14 4QY 20/02/2025
23 Worcester Road MALVERN WR14 4QY 20/02/2025
24 Queens Drive MALVERN WR14 4RE 20/02/2025
25 Worcester Road MALVERN WR14 4QY 20/02/2025
27 Worcester Road MALVERN WR14 4QY 20/02/2025
29 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 1 19 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 1 23 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 101 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 102 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 103 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 103A Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 104 Holyrood Apartments 29A Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 105 Holyrood Apartments 29A Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 2 19 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 2 23 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 201 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 202 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 203 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 3 19 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 3 23 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 301 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 302 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
Flat 303 Holyrood Apartments 25-27 Worcester Road MALVERN WR14 4QY 20/02/2025
The Beakes 25 Queens Drive MALVERN WR14 4RE 20/02/2025
United Reformed Church Queens Drive Malvern WR14 4RE 20/02/2025
Former 1 Queens Drive MALVERN WR14 4RE 20/02/2025
19 Queens Drive MALVERN WR14 4RE 20/02/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Defence Estates Safeguarding 20/02/2025 13/03/2025
Cllr Beverley Nielsen Great Malvern Ward 20/02/2025 13/03/2025
Cllr Cynthia Palmer Great Malvern Ward 20/02/2025 13/03/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 20/02/2025 13/03/2025 12/03/2025
Highways County Highways 20/02/2025 13/03/2025 24/02/2025
MHDC Conservation Officer MHDC Development Plans & Conservation 20/02/2025 13/03/2025 27/03/2025
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 20/02/2025 13/03/2025
Town Council Clerk Malvern Town Council 20/02/2025 13/03/2025

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
Conservation Area 25m buffer: Great Malvern Conservation Area
Conservation Area 0 buffer: Great Malvern Conservation Area
CIL003 - Main Urban Area
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1476983. Listed Building. Former Holly Mount United Reformed Church, with balcony, steps, gates and boundary walls, Queens Drive, Malvern, Worcestershire, WR14 4RE. LB/1476983
Flooding Incident BWB Reported Area. If Major (PS2 1-6) consultees - L.L.F.A
Interferometer Area. INFER/7018 -
Interferometer Area. INFER/7004 -
Listed Building 0m Buffer: Grade II. H.E Ref: 1476983. Listed Building. Former Holly Mount United Reformed Church, with balcony, steps, gates and boundary walls, Queens Drive, Malvern, Worcestershire, WR14 4RE. LB/1476983
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 6: Conservation Area
SWDP 2: Development Boundary
SWDP 5: Urban - Unsurveyed
SWDP 10: Shopping Centres
Neighbourhood Plan: NPA Boundaries
Site of Special Scientific Interest within 500m
No associated appeals