| Application Number | M/25/01075/CLPU |
| Status | Application Refused |
| Application Valid |
|---|
| 10/07/2025 |
| Consultation End |
|---|
| 31/07/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Refusal |
| Decision Date |
|---|
| 04/09/2025 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/01075/CLPU |
| Location Address | 41 Bellars Lane Malvern WR14 2DJ |
| Proposal | Certificate of Lawfulness for the proposed formation of habitable rooms in roofspace with rear dormers and front velux rooflights |
| Status | Refusal |
| Application Type | Certificate of Lawfulness of proposed use |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 10/07/2025 |
| Application Valid Date | 10/07/2025 |
| Consultation Start Date | 10/07/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 31/07/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 04/09/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Robert Smith |
| Parish | Malvern CP |
| Ward | Barnards Green Ward |
| Applicant | Ms & Mr Burston & Parnham |
| Agent | Mrs Linda Darby |
| Agent Address | Hemmings Hampton House Farm Kineton Warwick CV35 0JH |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that application reference M/25/01075/CLPU registered on 10 July 2025 for a Certificate of Lawfulness Proposed 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 as the matter described in the First Schedule to this Notice would not be lawful as at the 10 July 2025 within the meaning of section 192 of the Town and Country Planning Act (as amended), for the following reason(s) :- The proposal fails to provide sufficient information regarding the external materials proposed for the dormer extensions, along with details of the obscure glazing and non-opening parts for the side elevation windows of the dormer extension. Therefore, the proposal would fail to satisfy condition B.2 (a) and (c) (i) & (ii) of Class B. Thus, the proposal cannot be confirmed to be ‘Permitted Development’ as set out under Class B, Part 1, Schedule 2 of the General Permitted Development Order 2015 (as amended) and the certificate cannot be granted. |
| FIRST SCHEDULE Proposal: Certificate of Lawfulness for the proposed formation of habitable rooms in roofspace with rear dormers and front velux rooflights SECOND SCHEDULE Location: 41 Bellars Lane, Malvern, WR14 2DJ, outlined in red on the Location Plan |
| Drawing no/s: Location Plan Proposed Plans Existing Plans |
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 | 10/07/2025 | Application Form | (248kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 10/07/2025 | Location Plan | (468kb) | - | |
| 05. Existing Plans | 10/07/2025 | Existing Floor Plans and Elevations | (201kb) | - | |
| 06. Proposed Plans | 10/07/2025 | Proposed Floor Plans and Elevations | (301kb) | - | |
| Statutory Consultee Response | |||||
| 09. Response - Statutory Consultee | 15/07/2025 | Cllr Malcolm Victory - Barnards Green Ward | (75kb) | - | |
| 09. Response - Statutory Consultee | 15/07/2025 | Cllr Malcolm Victory - Barnards Green Ward | (74kb) | - | |
| Decision | |||||
| 11. Decision Information | 04/09/2025 | Delegated Report | (219kb) | - | |
| 12. Decision Notice | 04/09/2025 | Decision Notice | (174kb) | - | |
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 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr David Mead | Barnards Green Ward | 10/07/2025 | 31/07/2025 | |
| Cllr Malcolm Victory | Barnards Green Ward | 10/07/2025 | 31/07/2025 | |
| Cllr Mark Driscoll | Barnards Green Ward | 10/07/2025 | 31/07/2025 |
| Constraints List |
| CIL003 - Main Urban Area |
| Interferometer Area. INFER/7018 - |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| SWDP 2: Development Boundary |
| SWDP 5: Urban - Unsurveyed |
| Neighbourhood Plan: NPA Boundaries |
| Paper: Malvern Gazette - Friday |
| No associated appeals |