| Application Number | M/25/00991/FUL |
| Status | Application Approved |
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Planning Online Status
-
Application
Valid01/07/2025 -
Consultation
End01/08/2025 -
Committee
MeetingN/A -
Decision Approval -
Decision
Date05/09/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/25/00991/FUL |
| Location Address | 3 Chestnut Hill Green Lane Malvern WR14 4JQ |
| Proposal | Sub-division of Plot 1 (approved for one detached dwelling on Planning Application Nos. 13/00012/FUL + 15/00637/S73) to form two detached dwellings. (Variation of condition 2 of planning permission 20/01047/FUL) |
| Status | Approval |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 24/06/2025 |
| Application Valid Date | 01/07/2025 |
| Consultation Start Date | 01/07/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 01/08/2025 |
| Advert Expiry | 01/08/2025 |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 05/09/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jivan Manku |
| Parish | Malvern Wells CP |
| Ward | Castlemorton, Welland & Wells Ward |
| Applicant | Mr & Mrs P Copland |
| Agent | Mr & Mrs P Copland |
| Agent Address | Chestnut Hill Green Lane Malvern Wells Malvern WR14 |
| Condition Details / Information Notes |
| The development hereby permitted must be commenced not later than the expiration of three years from the date of the original permission 20/01047/FUL dated 29/07/2020. Reason: To conform with the requirements of Sections 73 and 91 of the Town and Country Planning Act 1990 (as amended). |
| Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents – - 116-2-20b - 116-2-21a - 116-2-22a - 116-2-23a - 116-2-24a - Water Management Statement Reason: To define the permission. |
| The dwellings hereby permitted shall have a textured rendered finish using KEIM Universal Render - Soldalit 9354. The colour finish specified above shall be applied prior to first occupation of each dwelling, and shall be retained thereafter unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure that the new materials are in keeping with the surroundings, provide variation across the wider development site and represent quality design in accordance with policy SWDP21, SWDP23 and SWDP25 of the South Worcestershire Development Plan. |
| The Development hereby approved shall not be brought into use until the access, turning area and parking facilities shown on Drawing Ref: 116-2-20b Revised Proposed: Site Plan has been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway in accordance with Policy SWDP21 of the South Worcestershire Development Plan. |
| Unless otherwise agreed in writing with the Local Planning Authority foul drainage from the site shall be disposed of in accordance with the details set out in the Water Management Statement July 2020. Reason: To ensure that the development is provided with a satisfactory means of drainage In accordance with Policy SWDP30 of the South Worcestershire Development Plan. |
| Ground works/construction work shall not take place outside the following hours: Monday to Friday 07.30-18.00 hrs Saturdays 08.00 -13.00hrs. There shall be no such work on Sundays or Public Holidays. Reason: To protect the residential amenities of the area in accordance with Policy SWDP21 of the South Worcestershire Development Plan. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information following receipt of the application. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. |
| Part of Malvern Wells Parish footpath MW-552 shares an entry/exit point with the principal vehicular access route for the development site. It should be noted that, under section 34 of the Road Traffic Act 1988, any person who, without lawful authority, drives a motor vehicle on a public right of way commits an offence. The applicant should make themselves satisfied that they, and anyone else who may use public rights of way for private vehicular access in connection with the development, has a right to do so. They may wish to seek legal advice on the matter. The County Council is responsible for maintaining rights of way to a standard suitable for their usual public use. We have no objection to the proposals provided that the applicant notes the above and adheres to the following obligations: - The Public safety of those using the right of way must be ensured at all times. - There must be no disturbance of, or change to, the surface of the paths or part thereof without our written consent. - There must be no diminution in the width of the rights of way available for use by the public. - Buildings materials must not be stored on the rights of way. - Vehicle movements and parking are to be arranged so as not to unreasonably interfere with the public’s use of the rights of way. - No additional barriers are to be placed across the rights of way. No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority. The applicant should note the National Planning Policy Framework published in July 2018 by the Ministry of Housing, Communities and Local Government, particularly paragraph 98, to ensure that planning policies protect and enhance public rights of way and access. The developer should also be aware of the Department of Environment Circular 1/09 (part 7) which explains that the effect of development on a public right of way is a material consideration in the determination of applications for planning permission and that the grant of planning consent does not entitle developers to obstruct a public right of way. WCC would recommend that Public Rights of Way (PROWs), potentially affected by planned works, are clearly designated on all associated planning maps, diagrams or schematics as a matter of course. The Definitive Map is a minimum record of public rights of way and does not preclude the possibility that unrecorded public rights may exist, nor that higher rights may exist than those shown. |
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 |
|---|---|---|
| Oakwell 16 Oaklands MALVERN WR14 4JE | 19/07/2025 | |
| Mara Lodge 15 Oaklands MALVERN WR14 4JE | 08/07/2025 | |
| 17 Oaklands MALVERN WR14 4JE | 08/07/2025 | |
| 7 Oaklands MALVERN WR14 4JE | 01/07/2025 | 04/07/2025 |
| 1 Chestnut Hill Green Lane MALVERN WR14 4JQ | 01/07/2025 | |
| 17 Oaklands MALVERN WR14 4JE | 01/07/2025 | |
| 2 Chestnut Hill Green Lane MALVERN WR14 4JQ | 01/07/2025 | |
| 30 Rothwell Road MALVERN WR14 4HX | 01/07/2025 | |
| The Garden House Green Lane MALVERN WR14 4JQ | 01/07/2025 | |
| The Stables Green Lane MALVERN WR14 4JQ | 01/07/2025 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Malvern Hills Trust | 01/07/2025 | 22/07/2025 | ||
| Catherine Laidlaw | Malvern Hills National Landscape Partnership | 01/07/2025 | 22/07/2025 | |
| Cllr Christine Wild | Castlemorton, Welland & Wells Ward | 01/07/2025 | 22/07/2025 | |
| Cllr John Gallagher | Castlemorton, Welland & Wells Ward | 01/07/2025 | 22/07/2025 | |
| Consultation Service | Natural England | 01/07/2025 | 22/07/2025 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 01/07/2025 | 22/07/2025 | |
| Gary Nicholas | Malvern Wells Parish Council | 01/07/2025 | 22/07/2025 | |
| Highways | County Highways | 01/07/2025 | 22/07/2025 | |
| Jonathan Brierley | The Open Spaces Society | 01/07/2025 | 22/07/2025 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 01/07/2025 | 22/07/2025 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 01/07/2025 | 22/07/2025 | |
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 01/07/2025 | 22/07/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 01/07/2025 | 22/07/2025 | |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 01/07/2025 | 22/07/2025 |
Constraints List
| Constraints List |
| CIL003 - Main Urban Area |
| SWDP 5: Urban - Unsurveyed |
| Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty) |
| Area of Special Control of Advertisements |
| CIL009 - Non-Urban Area |
| Paper: Malvern Gazette - Friday |
| Surface Water: 1 in 1000 extent |
| Interferometer Area. INFER/7004 - |
| Enforcement Notice Issued Ref: ENF/18/0280 Property: Land adjacent to:, The Garden House, Green Lane, Malvern, WR14 4JQ |
| Public Right of Way: Type- Footpath. Path No- MW-552 B |
| Conservation Area 25m buffer: Malvern Wells Conservation Area |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Policy Case HLA - MIG/13/00012/HOU. 3 Chestnut Hill, Green Lane, Malvern, WR14 4JQ. Sub-division of Plot 1 footprint to form 2 detached dwellings (Plot 1 never built, approved for one detached dwelling on Planning Application Nos. 13/00012/FUL + 15/00637/S73) Plot 2 was built in 2018.. Open Market. Small windfall (HLA only) |
| Policy Case HLA - MIG/08/00469/HOU. Chestnut Hill, Green Lane, Malvern. Demolition of existing house and replacement with four detached dwellings.. Open Market. Small windfall (HLA only) |
| Policy Case HLA - MIG/16/00003/HOU. Land adjacent The Garden House, Green Lane, Malvern WR14 4HU. Proposed construction of new detached dwelling within the curtilage of the Garden House. Open Market. Small windfall (HLA only) |
| Policy Case HLA - MHDC/288/HOU. 1 Chestnut Hill, Green Lane, Malvern, WR14 4JQ. Sub-division of plot 3 (subdivision of plot 3 = 1 net gain, see MIG/13/00012/HOU which is already complete re other plots including plot 3 as 1 dwelliing but now Plot 3 is be subdivided into 2 dwellings)., . Open Market. Small windfall (HLA only) |
| SWDP 23: Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty) |
| SWDP 6: Conservation Area |
| SWDP 2: Development Boundary |
| SWDP 5: Protect and Enhance |
| TPO REF: TPO/M/514 (2012). ADDRESS: Chestnut Hill Green Lane Malvern |
| Site of Special Scientific Interest within 500m |
| No associated appeals |
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