| Application Number | M/25/00362/CLE |
| Status | Application Refused |
Planning Online Status
-
Application
Valid06/03/2025 -
Consultation
End02/04/2025 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date01/05/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/25/00362/CLE |
| Location Address | Whiting Ash Farm Berrow Malvern WR13 6AY |
| Proposal | Certificate of Lawfulness of Existing use of land for the purposes of parking commercial vehicular and associated trailers (sui generis) |
| Status | Refusal |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 06/03/2025 |
| Application Valid Date | 06/03/2025 |
| Consultation Start Date | 12/03/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 02/04/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 01/05/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Hayley Jones |
| Parish | Berrow CP |
| Ward | Longdon Ward |
| Applicant | Mr Simon Fellows, Whiting Ash Farms Ltd |
| Agent | Mr David Fellows, DIRECTOR; LAND RESEARCH & PLANNING ASSOCIATES LTD |
| Agent Address | PO Box 265 MALVERN WR14 9BZ |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference 25/00362/CLE registered on 3rd March 2025 for a Certificate of Lawfulness Existing 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 and outlined in red on the plan attached to this Notice, for the following reason :- That the matter described in the First Schedule to this Notice constitutes development within the meaning of Section 55 of the Town and Country Planning Act 1990 (as amended) thus requiring planning permission. The Council has its own evidence to contradict the claim made in the form of aerial photographs which show a significant intensification of the use of land for parking of lorries and trailers occurred between 2018 and 2023, before 2018 there is Insufficient information to establish that any material change of use was occurring. The breach of planning has not been established for a 10 year period and as such on the balance of probability the claim made has not been satisfactorily demonstrated. |
| FIRST SCHEDULE Application for a Lawful Development Certificate for the “ Existing use of land for the purposes of parking commercial vehicular and associated trailers (sui generis)" SECOND SCHEDULE Location: Whiting Ash Farm, Berrow, Malvern, WR13 6AY |
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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 Jennie Watkins | Longdon Ward | 12/03/2025 | 02/04/2025 | |
| Sallyann Gough | Berrow Parish Council | 12/03/2025 | 02/04/2025 |
Constraints List
| Constraints List |
| Paper: Malvern Gazette - Friday |
| Listed Building 0m Buffer: Grade II. H.E Ref: 1156272. Potentially Curtilage Listed. Whiting Ash Farmhouse. PCL/1156272 |
| CIL009 - Non-Urban Area |
| Surface Water: 1 in 30 extent. |
| Surface Water: 1 in 100 extent. |
| Surface Water: 1 in 1000 extent |
| Outside SWDP Development Boundary |
| Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1156272. Potentially Curtilage Listed. Whiting Ash Farmhouse. PCL/1156272 |
| 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 |
| Old Lowland Meadow area on or within 500m |
| No associated appeals |
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