| Application Number | M/25/00165/CLPU |
| Status | Application Refused |
| Application Valid |
|---|
| 11/02/2025 |
| Consultation End |
|---|
| 05/03/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 02/04/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/00165/CLPU |
| Location Address | Willowview 103 Wells Road Malvern WR14 4PD |
| Proposal | Certificate of Lawfulness for proposed replacement pair of driveway gates |
| Status | Refusal |
| Application Type | Certificate of Lawfulness of proposed use |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 30/01/2025 |
| Application Valid Date | 11/02/2025 |
| Consultation Start Date | 12/02/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 05/03/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 02/04/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Clare Bull |
| Parish | Malvern Wells CP |
| Ward | Castlemorton, Welland & Wells Ward |
| Applicant | Mr Bryan Turnock |
| Agent | Mr Bryan Turnock |
| Agent Address | Willowview 103 Wells Road Malvern Worcestershire WR14 4PD |
| Condition Details / Information Notes |
| FIRST SCHEDULE Proposal: Certificate of Lawfulness for proposed replacement pair of driveway gates. SECOND SCHEDULE Willowview, 103 Wells Road, Malvern, WR14 4PD |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/00165/CLPU registered on 11/02/2025 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 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason :- That the matter described in the First Schedule does not constitute “permitted development” under the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) because the proposed works would result in the erection of gate of a height in excess of 1 metres sited adajcent to a highway. Consequently the the proposed development cannot be considered lawful. |
| This decision notice relates to the following documents: Location Plan (Replacement gates for Willowview 103 Wells Road WR14 4PD) Replacement gates for Willowview 103 Wells Road WR14 4PD Example of The Gate & Dimensions |
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.
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| Document Type | Date | Description | File Size | Drawing/Rev Number | |
|---|---|---|---|---|---|
| Application Documents | |||||
| 01. Application Form | 30/01/2025 | Applicationformredacted | (248kb) | - | |
| 02. Supporting Information | 11/02/2025 | Gate replacement additional information20250211_10053634.pdf | (156kb) | - | |
| 03. Photo | 11/02/2025 | Garden Area20250211_10021499.pdf | (114kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 11/02/2025 | Locationplan | (101kb) | - A | |
| 06. Proposed Plans | 11/02/2025 | Gate replacement dimensions and appearance 120250211_09573221.pdf | (406kb) | - | |
| Decision | |||||
| 11. Decision Information | 02/04/2025 | Delegated Report | (137kb) | - | |
| 12. Decision Notice | 02/04/2025 | Decision Notice | (70kb) | - | |
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 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Christine Wild | Castlemorton, Welland & Wells Ward | 12/02/2025 | 05/03/2025 | |
| Cllr John Gallagher | Castlemorton, Welland & Wells Ward | 12/02/2025 | 05/03/2025 |
| Constraints List |
| Paper: Malvern Gazette - Friday |
| SWDP 5: Urban - Unsurveyed |
| Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty) |
| CIL003 - Main Urban Area |
| CIL009 - Non-Urban Area |
| Conservation Area 0 buffer: Malvern Wells Conservation Area |
| Interferometer Area. INFER/7019 - |
| Interferometer Area. INFER/7018 - |
| Enforcement Notice Issued Ref: E/12/00132/PHY3 Property: Willowview, 103 Wells Road, Malvern, WR14 4PD |
| Area of Special Control of Advertisements |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Conservation Area 25m buffer: Malvern Wells Conservation Area |
| Rail Tunnel within 20m |
| Rail Tunnel within 10m |
| Network Rail Tunnel |
| Network Rail Tunnel |
| SWDP 23: Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty) |
| SWDP 6: Conservation Area |
| SWDP 2: Development Boundary |
| Railway Line |
| Site of Special Scientific Interest within 500m |
| No associated appeals |