| Application Number | M/25/00224/CLPU |
| Status | Application Refused |
| Application Valid |
|---|
| 19/02/2025 |
| Consultation End |
|---|
| 12/03/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 16/04/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/00224/CLPU |
| Location Address | Flat At 124 Worcester Road Malvern WR14 1SS |
| Proposal | Certificate of Lawfulness for the proposed use and internal changes to an existing approval ref M/23/00640/FUL, change first floor flat 2 bed flat into two one bed flats. |
| Status | Refusal |
| Application Type | Certificate of Lawfulness of proposed use |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 11/02/2025 |
| Application Valid Date | 19/02/2025 |
| Consultation Start Date | 19/02/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 12/03/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 16/04/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Anna Priestley-Clarke |
| Parish | Malvern CP |
| Ward | Link Ward |
| Applicant | Hekmat Kaveh, Crystalight LTD |
| Agent | Hekmat Kaveh, Crystalight LTD |
| Agent Address | 253 Wells Road Malvern Worcestershire WR14 4JF |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/00224/CLPU registered on 11th February 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 11/02/2025 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s) :- That the matter described in the First Schedule constitutes development within the meaning of Section 55 of the Town and Country Planning Act 1990 (as amended) thus requiring planning permission. The creation of an additional residential unit would be a material change of use and would also involve operational development in the form of the external alterations proposed to the windows. The proposals do not fall within the limitations of any class of permitted development in the Town and Country Planning (General Permitted Development) (England) Order 2015 and therefore the proposed development would not be lawful. |
| FIRST SCHEDULE Proposed use and internal changes to an existing approval ref M/23/00640/FUL, change first floor flat 2 bed flat into two one bed flats. SECOND SCHEDULE Location: Flat At, 124 Worcester Road, Malvern, WR14 1SS |
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 | 19/02/2025 | Application Form - redacted | (165kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 11/02/2025 | Location Plan | (21kb) | P1001 Rev B - | |
| 05. Existing Plans | 11/02/2025 | Existing First Floor And Roof Plan | (38kb) | P1010 Rev A - | |
| 05. Existing Plans | 11/02/2025 | Existing Elevations | (29kb) | P1011 Rev A - | |
| 06. Proposed Plans | 11/02/2025 | Proposed Plans Redacted | (218kb) | PL020 Rev E - | |
| Decision | |||||
| 11. Decision Information | 16/04/2025 | Delegated Report | (213kb) | - | |
| 12. Decision Notice | 16/04/2025 | Decision Notice | (67kb) | - | |
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 Fran Victory | Link Ward | 19/02/2025 | 12/03/2025 | |
| Cllr Neville Mills | Link Ward | 19/02/2025 | 12/03/2025 | |
| Councillor K.H. Chan | Link Ward | 19/02/2025 | 12/03/2025 |
| Constraints List |
| Paper: Malvern Gazette - Friday |
| Conservation Area 25m buffer: Malvern Link Conservation Area |
| Conservation Area 0 buffer: Malvern Link Conservation Area |
| CIL003 - Main Urban Area |
| Interferometer Area. INFER/7018 - |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Policy Case HLA - MHDC/374/HOU. Domino's, Flat At, 124 Worcester Road, Malvern, WR14 1SS. Refurbishment of existing first floor apartment, and additional second floor apartment with raised roof and new stairs and access landing servicing second floor.. Open Market. Small windfall (HLA only) |
| SWDP 6: Conservation Area |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| SWDP 10: Primary Shopping Frontage |
| SWDP 10: Shopping Centres |
| Neighbourhood Plan: NPA Boundaries |
| Surface Water: 1 in 1000 extent |
| No associated appeals |