Application Number M/25/01348/S106
Status Application Approved

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Planning Online Status


  • Application
    Valid
    27/08/2025
  • Consultation
    End
    31/12/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    14/04/2026
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/01348/S106
Location Address Land At (Os 8395 3981) Welland Road Upton Upon Severn
Proposal Request under section 106A(1)(a) of the Town and Country Planning Act 1990 to modify the requirements relating to legal agreement dated 10.04.25 associated with planning permission M/24/00481/FUL
Status Approval
Application Type Planning Obligation
Appeal Decision N/A

Important Dates
Application Received Date 27/08/2025
Application Valid Date 27/08/2025
Consultation Start Date 22/09/2025
Site Visited / Site Notice Date
Consultation End 31/12/2025
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 14/04/2026

Further Information
Expected Decision Level Delegated
Case Officer Anna Priestley-Clarke
Parish Upton-upon-Severn CP
Ward Upton & Ripple Ward
Applicant Stephen Dey, Kendrick Homes Ltd
Agent Stephen Dey, Kendrick Homes Ltd
Agent Address Westhill House Hagley Road Stourbridge DY8 1RD

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 31st March 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 28/08/2025 Application Form (1498kb) -
01. Application Form 22/09/2025 Initial Consultee List 25.01348 (283kb) -
Application Plans
04. Site / Location Plan HA Unit Allocation Layout (684kb) 385-00-701 P2 -
Statutory Consultee Response
09. Response - Statutory Consultee 10/10/2025 Housing Team - MHDC - Housing - MHDC (79kb) -
09. Response - Statutory Consultee 15/10/2025 Clara Clements - Upton-upon-Severn Town Council (78kb) -
09. Response - Statutory Consultee 06/01/2026 Housing Team - MHDC (118kb) -
09a. Response - Statutory Consultee Attachment 10/10/2025 Housing Team - MHDC (133kb) -
Decision
11. Decision Information 19/03/2026 Deed of variation engrossment.pdf (824kb) -
11. Decision Information 14/04/2026 Delegated Report (171kb) -
12. Decision Notice 14/04/2026 Decision Notice (171kb) -
Planning Application Documents
image045.png 22/09/2025 RE_ Land at Tunnel Hill - Upton on Severn _ Planning reference _ M_24_00481_FUL - image045.png (44kb) -
image046.png 22/09/2025 RE_ Land at Tunnel Hill - Upton on Severn _ Planning reference _ M_24_00481_FUL - image046.png (92kb) -

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.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Clara Clements Upton-upon-Severn Town Council 22/09/2025 13/10/2025
Cllr J. Owenson Upton & Ripple Ward 22/09/2025 13/10/2025
Cllr M. Allen Upton & Ripple Ward 22/09/2025 13/10/2025
Housing Team - MHDC Housing - MHDC 22/09/2025 13/10/2025
MHDC Legal Services MHDC Legal Services 22/09/2025 13/10/2025
Housing Team - MHDC Housing - MHDC 17/12/2025 31/12/2025

Constraints List


Constraints List
SWDP 32: Sand and Gravel
s106: Duckswich Poultry Farm, Yewleigh Lane, Upton-upon-Severn Ref No: S52-023
Paper: Malvern Gazette - Friday
s106: Land at Milestone Farm, Welland Road and land at Monesells Farm, Monsell Lane, Upton upon Severn Ref No: S106-459 VAR
s106: Land at Milestone Farm, Welland Road and land at Monesells Farm, Monsell Lane, Upton upon Severn Ref No: S106-459
s106: Land at Welland Road, Upton upon Severn Ref No: S106-379
CIL009 - Non-Urban Area
s106: Land at (OS 8395 3981), Welland Road, Upton Upon Severn, Worcestershire Ref No: S106-638
TPO REF: TPO/M/604 (2017). ADDRESS: Westward House Welland Road Upton Upon Severn
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Enforcement Notice Issued Ref: ENF/18/0214 Property: Land to the south of Welland Road, Tunnell Hill, Between Westward House and Milestone Farm Buildings, Upton Upon Severn
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- UU-566 C
Minerals - Sand And Gravel
Water Supply. If Major Application consultation required with Water Supply Company
Policy Case HLA - MIG/13/00009/HOU. Land at (Os 8395 3985), Welland Road, Upton-upon-Severn WR8 0EP. Erection of 43 new dwellings - 21 private sale and 22 affordable. Open Market. Previously allocated large
Policy Case HLA - MHDC/13/HOU. Land to the south of Welland Road, Tunnell Hill, Between Westward House and Milestone Farm Buildings, Upton Upon Severn. Erection of 43 dwellings - 25 private sale and 18 affordable (amended). Affordable; Open Market. Previously allocated large
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Restore
SWDP 58d: Housing Allocations
s106: Hilltops & Malvern View (Formerly: The Hill School Site), Upton-upon-Severn Ref No: S106-072
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1227339. Listed Building. Milestone Opposite Hill School, Tunnel Hill. LB/1227339
No associated appeals