Application Number M/25/00667/S106
Status Application Approved

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Planning Online Status


  • Application
    Valid
    24/04/2025
  • Consultation
    End
    12/01/2026
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    14/07/2026
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00667/S106
Location Address Kerswell Green Farm Kerswell Green Worcester WR5 3PF
Proposal Application under Section 106A(3)(a) of the Town and Country Planning Act 1990 to delete clauses 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of the legal agreement dated 10 December 2004 associated with planning permission reference 04/00977/FUL and to add a clause to this agreement which restricts the type of boundary treatment surrounding the curtilage of the curtilage listed coach house to that shown on drawing number 3670-002
Status Approval
Application Type Planning Obligation
Appeal Decision N/A

Important Dates
Application Received Date 24/04/2025
Application Valid Date 24/04/2025
Consultation Start Date 28/04/2025
Site Visited / Site Notice Date
Consultation End 12/01/2026
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 14/07/2026

Further Information
Expected Decision Level Delegated
Case Officer Jack Hanly
Parish Kempsey CP
Ward Kempsey Ward
Applicant Mr Roger Lethem
Agent Mr Dominic Cooney, Planning & Design Practice Limited
Agent Address 3 Woburn House Vernon Street Derby DE1 1UL

Condition Details / Information Notes
The Malvern Hills District Council hereby give notice that it agrees to the variation of the Section 106 Agreement as referred to in Part I hereof in accordance with the Town and Country Planning Act, 1990.
This decision notice should be read in conjunction with the Deed of Variation dated 30/06/2026.

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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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 25/04/2025 Application Form (123kb) -
01. Application Form 28/04/2025 Initial Consultee List 25.00667 (285kb) -
02. Supporting Information 25/04/2025 3670 Heritage Statement (1251kb) -
02. Supporting Information 25/04/2025 Appeal Decision Referred To In Heritage Statement land At Elms Farm Office (112kb) -
02. Supporting Information 25/04/2025 Kerswell Green Farmhouse Sales Particulars 2025 (2237kb) -
02. Supporting Information 25/04/2025 S106 Planning Agreement 2004 (149kb) -
02. Supporting Information 25/04/2025 Schedule 1 & 2 And Plan From S106 2004 (630kb) -
02. Supporting Information 25/04/2025 Supporting Statement Discharge S106 (239kb) -
17. Validation 18/12/2025 Amendment - Pre-decision pro forma (30kb) -
Application Plans
06. Proposed Plans 18/12/2025 Proposed fence detail.pdf (5313kb) 3670-002 -
Neighbour and Other Response
08. Response - Neighbour and Other 16/05/2025 Susan Lole Yew Tree House, Kerswell Green, WORCESTER, WR5 3PF (87kb) -
08. Response - Neighbour and Other 30/05/2025 Rosie Styles Yeomans Cottage, Kerswell Green, WORCESTER, WR5 3PF (83kb) -
Statutory Consultee Response
09. Response - Statutory Consultee 08/05/2025 Mrs S Baxter - Kempsey Parish Council (79kb) -
09. Response - Statutory Consultee 12/05/2025 Cllr D Harrison - Kempsey Ward (77kb) -
09. Response - Statutory Consultee 07/01/2026 Mrs S Dunn - Kempsey Parish Council (79kb) -
09. Response - Statutory Consultee 08/04/2026 MHDC Conservation Officer - MHDC Development Plans & Conservation (78kb) -
09a. Response - Statutory Consultee Attachment 08/04/2026 MHDC Conservation Officer (25kb) -
Decision
11. Decision Information 14/07/2026 Delegated Report (246kb) -
12. Decision Notice 14/07/2026 Decision Notice (173kb) -
Planning Application Documents
General 02/06/2025 From Conservation Officer in relation to CLE application (791kb) -
General 12/03/2026 ENGROSSMENT VERSION S106 Deed of Variation Kerswell Green Farm.docx (148kb) -
General 13/03/2026 Deed of Variation Drawing No 3670 - 002.pdf (5313kb) -
General 06/07/2026 Section 106 Deed of Variation- completed 30 June 2026.pdf (1834kb) -

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
Yeomans Cottage Kerswell Green WORCESTER WR5 3PF 30/05/2025
Yew Tree House Kerswell Green WORCESTER WR5 3PF 16/05/2025
Kerswell Green Worcester WR5 3PF 08/05/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr D Harrison Kempsey Ward 28/04/2025 19/05/2025 12/05/2025
Cllr J. Michael Kempsey Ward 28/04/2025 19/05/2025
MHDC Conservation Officer MHDC Development Plans & Conservation 28/04/2025 19/05/2025
MHDC Legal Services MHDC Legal Services 28/04/2025 19/05/2025
Mrs S Dunn Kempsey Parish Council 28/04/2025 19/05/2025 08/05/2025
Cllr D Harrison Kempsey Ward 18/12/2025 01/01/2026
Cllr J. Michael Kempsey Ward 18/12/2025 01/01/2026
MHDC Conservation Officer MHDC Development Plans & Conservation 18/12/2025 01/01/2026 08/04/2026
MHDC Legal Services MHDC Legal Services 18/12/2025 01/01/2026
Mrs S Dunn Kempsey Parish Council 18/12/2025 01/01/2026 07/01/2026

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
Neighbourhood Plan: NPA Boundaries
CIL009 - Non-Urban Area
Listed Building 0m Buffer: Grade II. H.E Ref: 1323684. Listed Building. Kerswell Green Farmhouse, Kerswell Green. LB/1323684
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1323684. Listed Building. Kerswell Green Farmhouse, Kerswell Green. LB/1323684
s106: Land at Kerswell Green Farm Kerswell Green Kempsey Ref No: S106-096
s106: Kerswell Green Farm Kerswell Green Kempsey Ref No: S106-097
Surface Water: 1 in 1000 extent
Flooding Incident BWB Reported Area. If Major (PS2 1-6) consultees - L.L.F.A
Enforcement Notice Issued Ref: HIST/EN/0218 Property: Kinnersley Engineering, Kerswell Green, Worcester, WR5 3PF
Enforcement Notice Issued Ref: HIST/EN/0429 Property: Land at Kerswell Green , Kerswell Green, Worcester, WR5 3PF
Enforcement Notice Issued Ref: HIST/EN/0433 Property: Land at Kerswell Green , Kerswell Green, Worcester, WR5 3PF
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- KP-745 C
Minerals - Sand And Gravel
Surface Water: 1 in 100 extent.
Water Supply. If Major Application consultation required with Water Supply Company
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Restore
SWDP 32: Sand and Gravel
Neighbourhood Plan: Green Infrastructure Network
Surface Water: 1 in 30 extent.
Site of Special Scientific Interest within 500m
No associated appeals