| Application Number | M/25/00595/TPOA |
| Status | Application Refused |
| Application Valid |
|---|
| 10/04/2025 |
| Consultation End |
|---|
| N/A |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 12/05/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/00595/TPOA |
| Location Address | Rowan House Osborne Road Malvern WR14 1JE |
| Proposal | Undertake tree works, as detailed on application form and in any accompanying information. |
| Status | Refusal |
| Application Type | Tree Preservation Order Application (works to) |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 10/04/2025 |
| Application Valid Date | 10/04/2025 |
| Consultation Start Date | |
| Site Visited / Site Notice Date | |
| Consultation End | |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 12/05/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Chris Lewis-Farley |
| Parish | Malvern CP |
| Ward | Link Ward |
| Applicant | Rehan Yunus, NHS |
| Agent | Mr Paul Owen, Acorn Environment Management Group |
| Agent Address | 2a Eagle Road Redditch B98 9HF |
| Condition Details / Information Notes |
| The trees are a prominent feature of Malvern. There are few trees of similar size or stature within the immediate locale. The trees, being prominent in the street scene, visible within both public and private perspectives, including from some distance away, are of high value in terms of public amenity. Their removal would be to the detriment of the street scene, the Malvern treescape, and the Malvern Trinity Conservation Area. |
| There is no outward distortion of the boundary wall in the vicinity of the pine tree (T9 on the application form). There is however some evidence inward distortion to the west of the tree. This appears to be collapsing inwards, rather than distortion outwards, and is therefore not considered to be attributable to the proximity of the tree. The wall also appears to have not been recently adequately maintained. Some parts of the wall are lacking mortar. This is highlighted in the submitted engineer's report, which states "Structural cracks between sections of dry-stone walling were also observed on site. These cracks generally followed the line of the weaker cementitious material" i.e., the wall has been repaired with a more rigid cement based mortar, rather than a lime based mortar, which provides greater flexibility. The proposed felling of the tree (T9) is therefore not considered to have been justified. |
| There is a difference in ground level between the grounds of Rowan House, and the neighbouring pavement outside the boundary wall. The ground level within the grounds of Rowan House is higher than that of the pavement outside the wall. The height difference is approximately 1 metre. This height difference is partially made up of accumulated leaf litter i.e. it is not all soil. It is noted that part of the boundary wall in the vicinity of the London plane (T8 on application form) is leaning outwards i.e. towards the street. However, the lean begins at approximately 1 metre above the pavement ground level. The wall below this point is by and large vertical. The tree's root system will, by its nature, all be below ground level. The above ground parts of the tree are not in contact with the wall. If the distortion of the wall were as a result of its proximity to the tree, then it would have been manifest in the part of the wall at or below ground level. It is not. There is therefore no evidence of the wall being affected by the presence of the tree. The proposed removal of the tree is therefore not considered to be justified. |
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| Document Type | Date | Description | File Size | Drawing/Rev Number | |
|---|---|---|---|---|---|
| Application Documents | |||||
| 01. Application Form | 10/04/2025 | Applicationformredacted | (262kb) | - | |
| 02. Supporting Information | 22/04/2025 | Cce Structural Report Osbourne Road Wall Survey 04032025 (002) | (10498kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 10/04/2025 | Rowan House Tree Location Map 2021 | (610kb) | - | |
| Decision | |||||
| 12. Decision Notice | 12/05/2025 | Decision Notice | (152kb) | - | |
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 |
| No associated consultees |
| Constraints List |
| Conservation Area 0 buffer: Trinity Conservation Area |
| TPO REF: TPO/M/648 (2019). ADDRESS: Rowan House Osborne Road Malvern WR14 1JE |
| SWDP 6: Conservation Area |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| Neighbourhood Plan: NPA Boundaries |
| Conservation Area 25m buffer: Trinity Conservation Area |
| No associated appeals |