| Application Number | M/25/00559/CLE |
| Status | Application Refused |
| Application Valid |
|---|
| 21/05/2025 |
| Consultation End |
|---|
| 12/06/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 16/07/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/00559/CLE |
| Location Address | Land At (Os 7955 4708) North End Lane Madresfield |
| Proposal | Certificate of lawfulness for i. The existing use of land for Class B8 storage and distribution purposes, and ii. The stationing of shipping containers on the site in association with such use. |
| Status | Refusal |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 03/04/2025 |
| Application Valid Date | 21/05/2025 |
| Consultation Start Date | 22/05/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 12/06/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 16/07/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Hayley Jones |
| Parish | Malvern CP |
| Ward | Pickersleigh Ward |
| Applicant | Mr Conrad Arnold, The Malvern Flat Roof Compant |
| Agent | Mrs Nicola Inchbald, Inchbald Planning |
| Agent Address | The Estate Office Holdfast Manor Upton on Severn WR8 0RA |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/00559/CLE registered on 21st May 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 :- While it is accepted that on the balance of probabilities from the evidence provided and available that the use of the land for storage purposes is lawful through the passage of time the storage containers 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. As such they are not considered lawful by virtue of the use of the land. |
| FIRST SCHEDULE: Certificate of lawfulness for i. The existing use of land for Class B8 storage and distribution purposes, and ii. The stationing of shipping containers on the site in association with such use. SECOND SCHEDULE Location: Land at (Os 7955 4708) North End Lane, Madresfield. |
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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 |
|---|---|---|
| 39 North End Lane MALVERN WR14 2NG | 12/06/2025 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Paul Bennett | Pickersleigh Ward | 22/05/2025 | 12/06/2025 | |
| Town Council Clerk | Malvern Town Council | 22/05/2025 | 12/06/2025 |
| Constraints List |
| CIL009 - Non-Urban Area |
| Neighbourhood Plan: NPA Boundaries |
| Interferometer Area. INFER/7018 - |
| Outside SWDP Development Boundary |
| Public Right of Way: Type- Footpath. Path No- MV-661 C |
| Paper: Malvern Gazette - Friday |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| SWDP 5: Protect and Enhance |
| Surface Water: 1 in 1000 extent |
| Malvern Hills Trust: Verges, Roadside land, Rydd, Clevelode |
| No associated appeals |