| Application Number | M/25/00504/FUL |
| Status | Application Refused |
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Planning Online Status
-
Application
Valid02/05/2025 -
Consultation
End06/01/2026 -
Committee
MeetingN/A -
Decision Refusal -
Decision
Date23/02/2026 -
Appeal
Started24/08/2026 -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/25/00504/FUL |
| Location Address | 86-88 Worcester Road Malvern WR14 1NY |
| Proposal | Erection of a mixed-use building comprising of a commercial space and 4 flats, over 4 levels with private amenity space and parking area for lower ground floor flat accessed off Oxford Road, following demolition of existing building |
| Status | Refusal |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 27/03/2025 |
| Application Valid Date | 02/05/2025 |
| Consultation Start Date | 07/05/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 06/01/2026 |
| Advert Expiry | 07/06/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 23/02/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Hazel Smith |
| Parish | Malvern CP |
| Ward | Link Ward |
| Applicant | Mr D Guest, Capital 42 Limited |
| Agent | Mr Nick Carroll, Nick Carroll Architects Ltd |
| Agent Address | 43 Broad Street Worcester WR1 3LR |
| Condition Details / Information Notes |
| The scheme would result in the loss of a non-designated heritage asset, which includes an historic shop frontage, and by virtue the size, height, form and contrasting design of the proposed replacement structure, the development would fail to reflect the surrounding area within the Neighbourhood Parade of Link Top, and would visually dominate the streetscene forming an incongruous, harmful and intrusive feature. The development would therefore harmfully detract from the character and setting of the Malvern Trinity Conservation area as well as the setting of the nearest grade II listed buildings, including the Church of the Holy Trinity, the North Malvern War Memorial and no. 102 Worcester Road. The total loss of the non-designated heritage asset, as well as the identified level of ‘less than substantial’ harm to the character and setting of the heritage assets would be significant and would not be outweighed by the benefits of the scheme. As such the development would be contrary to policies SWDP 6, SWDP 21, and SWDP 24 of the South Worcestershire Development Plan (2016), guidance with the Malvern Trinity Conservation Area Appraisal, the Malvern Shop front design guide, policies MD1, MHE1 of the Malvern Town Neighbourhood Plan and Chapter 16 of the National Planning Policy Framework. |
| The proposed development would result in an adverse loss of natural light to the western windows of neighbouring property 90 and 90A Worcester Road and would also fail to provide adequate standards of suitable private amenity space for the occupants of the development, contrary to policy SWDP21 of the South Worcestershire Development Plan and also contrary to the guidance within the Design Guide SPD and contrary to policy MH2 of the Malvern Town Neighbourhood Plan. |
| The overall provision of 2 parking spaces to serve 4 residential units falls too far short of the requirement within the “Streetscape Design Guide” for 8 parking spaces and is considered to be inadequate in this instance, likely to lead to on street parking and adverse impacts on highways safety, contrary to policy SWDP 21 of the South Worcestershire Development Plan and also contrary to policy MD1 of the Malvern Town Neighbourhood Plan. |
| In dealing with the application the Council has implemented the requirement in paragraph 38 of the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in the Development Plan, Supplementary Planning Documents, as well as offering a full pre-application advice service in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. Unfortunately, the submitted application is not considered to accord with policy. As a result, the Council has been unable to seek solutions to problems arising from this application as the amendments and additional information required to make the application acceptable are substantial and would be required to be submitted as a new planning application. Despite the Council’s efforts, it is considered that the current planning application should be refused for the reasons set out in the decision notice. |
| Drawing no/s: 2431_00 2431_02 |
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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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 |
|---|---|---|
| Beacons Lea Brockhill Road MALVERN WR14 4DL | 24/06/2025 | |
| 5 Lygon Bank MALVERN WR14 2JF | 07/05/2025 | |
| 84 Worcester Road MALVERN WR14 1NY | 07/05/2025 | |
| 84A Worcester Road MALVERN WR14 1NY | 07/05/2025 | |
| 9 Lygon Bank MALVERN WR14 2JF | 07/05/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Fran Victory | Link Ward | 07/05/2025 | 28/05/2025 | |
| Cllr Neville Mills | Link Ward | 07/05/2025 | 28/05/2025 | |
| Consultation Service | Natural England | 07/05/2025 | 28/05/2025 | |
| Councillor K.H. Chan | Link Ward | 07/05/2025 | 28/05/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 07/05/2025 | 28/05/2025 | |
| Highways | County Highways | 07/05/2025 | 28/05/2025 | |
| Housing Team - MHDC | Housing - MHDC | 07/05/2025 | 28/05/2025 | |
| MHDC Conservation Officer | MHDC Development Plans & Conservation | 07/05/2025 | 28/05/2025 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 07/05/2025 | 28/05/2025 | |
| Town Council Clerk | Malvern Town Council | 07/05/2025 | 28/05/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 07/05/2025 | 28/05/2025 | |
| Cllr Fran Victory | Link Ward | 19/12/2025 | 02/01/2026 | |
| Cllr Neville Mills | Link Ward | 19/12/2025 | 02/01/2026 | |
| Consultation Service | Natural England | 19/12/2025 | 02/01/2026 | |
| Councillor K.H. Chan | Link Ward | 19/12/2025 | 02/01/2026 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 19/12/2025 | 02/01/2026 | |
| Highways | County Highways | 19/12/2025 | 02/01/2026 | |
| Housing Team - MHDC | Housing - MHDC | 19/12/2025 | 02/01/2026 | |
| MHDC Conservation Officer | MHDC Development Plans & Conservation | 19/12/2025 | 02/01/2026 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 19/12/2025 | 02/01/2026 | |
| Town Council Clerk | Malvern Town Council | 19/12/2025 | 02/01/2026 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 19/12/2025 | 02/01/2026 |
Constraints List
| Constraints List |
| CIL003 - Main Urban Area |
| Paper: Malvern Gazette - Friday |
| Conservation Area 0 buffer: Trinity Conservation Area |
| Interferometer Area. INFER/7018 - |
| Conservation Area 25m buffer: Trinity Conservation Area |
| 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: Protect and Enhance |
| SWDP 5: Urban - Unsurveyed |
| Neighbourhood Plan: NPA Boundaries |
| Site of Special Scientific Interest within 500m |
| Appeals Information | |
| Number | M/25/00504/FUL |
| PINS Appeal Ref | 6014968 |
| Method | Written Representations Procedure |
| Start date | 24/08/2026 |
| LPA Final Comments Due | 13/10/2026 |
| Interested Party Comments Due | 29/09/2026 |
| Inquiry Date | |
| Venue | |
| Decision | |
| Issue Date | |
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=6014968
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.
Tick here to show you have read and agree with the Copyright Notice.
Document Download Tips
- In order to view the documents please ensure you have ticked the Copyright Notice box above.
- In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
- To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
- To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
- If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
- Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.
How to reorder or group rows
Click on a column heading for the ability to sort the ‘group’ listing in ascending or descending order by using the up/down arrows. This is useful to sort by ‘name/organisation’.
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