| Application Number | M/25/01964/CLE |
| Status | Decision - Other |
| Application Valid |
|---|
| 09/12/2025 |
| Consultation End |
|---|
| 30/12/2025 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Certified |
| Decision Date |
|---|
| 03/02/2026 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/25/01964/CLE |
| Location Address | Arceye House Kyre Tenbury Wells WR15 8RW |
| Proposal | Application for a Certificate of Lawfulness of Existing Use for: use of a dwelling in breach of agricultural occupancy condition No. 3 of outline planning permission 96/0678/O. |
| Status | Certified |
| Application Type | Certificate of Lawfulness Existing |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 09/12/2025 |
| Application Valid Date | 09/12/2025 |
| Consultation Start Date | 09/12/2025 |
| Site Visited / Site Notice Date | |
| Consultation End | 30/12/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 03/02/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Hayley Jones |
| Parish | Kyre CP |
| Ward | Tenbury Ward |
| Applicant | Mr and Mrs William and Hazel Davies |
| Agent | Mrs Julie Newton, JN Rural Planning |
| Agent Address | Millers Court Farm Malvern WR13 6AP |
| Condition Details / Information Notes |
| Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 3AF HEREBY CERTIFY that on the 9th Decemeber 2025 the matter described in the First Schedule to this Certificate in respect of the land specified in the Second Schedule to this Certificate and outlined in red on the plan attached to this Certificate, was lawful within the meaning of section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason :- Based on the evidence provided by the applicant, on the balance of probabilities the application property has been occupied in breach of condition number 3 of planning permison reference 96/00678/O for a continuous period of at least 10 years until the date of this application. |
| FIRST SCHEDULE Existing use of a dwelling in breach of agricultural occupancy condition No. 3 of outline planning permission 96/0678/O. SECOND SCHEDULE Location: Arceye House Kyre Tenbury Wells WR15 8RW |
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 | 09/12/2025 | Application Form - redacted | (310kb) | - | |
| 02. Supporting Information | 09/12/2025 | Final Planning Statement | (4331kb) | - | |
| 02. Supporting Information | 09/12/2025 | Appendix 8 Reserved Matters | (95kb) | - | |
| 02. Supporting Information | 09/12/2025 | W Davies | (571kb) | - | |
| 02. Supporting Information | 09/12/2025 | H Davies | (533kb) | - | |
| Application Plans | |||||
| 04. Site / Location Plan | 09/12/2025 | Arceye House Site Plan | (1558kb) | - | |
| Neighbour and Other Response | |||||
| 08. Response - Neighbour and Other | 05/01/2026 | Andrew Willmott The Old Hall, Lower Rochford, TENBURY WELLS, WR15 8NJ | (79kb) | - | |
| Decision | |||||
| 11. Decision Information | 03/02/2026 | Delegated Report | (164kb) | - | |
| 12. Decision Notice | 03/02/2026 | Decision Notice | (1712kb) | - | |
| Planning Application Documents | |||||
| Appendix 8 - Approved Plans.pdf | 09/12/2025 | Appendix 8 Approved Plans | (18850kb) | - | |
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 |
|---|---|---|
| The Old Hall Lower Rochford TENBURY WELLS WR15 8NJ | 05/01/2026 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Carole Hirst | Kyre Parish Council | 09/12/2025 | 30/12/2025 | |
| Cllr Duane Hubbard | Tenbury Ward | 09/12/2025 | 30/12/2025 | |
| Cllr Lesley Bruton | Tenbury Ward | 09/12/2025 | 30/12/2025 |
| Constraints List |
| CIL009 - Non-Urban Area |
| Area of Special Control of Advertisements |
| Interferometer Area. Clee Hill - Consultation required for any building structure or works exceeding 45.7m in height above ground level |
| Outside SWDP Development Boundary |
| SWDP 15: Designated Rural Areas |
| SWDP 5: Protect and Enhance |
| Paper: Tenbury Advertiser - Thursday |
| No associated appeals |