Open Space Business Centre
Chequers Close
Enigma Park
Malvern
Worcestershire
WR14 1GP
Condition Details / Information Notes
The development is situated outside of any defined development boundary where development is strictly controlled subject to other Policies in the Development Plan. In this instance the development is contrary to Policy SWDPR 52 of the South Worcestershire Development Plan Review as it fails to meet with criterion (i), (vi) and (vii) by reason that the enlarged mooring has failed to have reasonable regard to all potential users of the waterway and has resulted in conflicting uses with other moorings being inaccessible as a result of its size, adversely affecting the amenity of a waterway. Furthermore, the information submitted with the application is deficient in terms of details to demonstrate that the number and capacity of existing provision can accommodate the increase proposed, the impact on landscape and provision for safe access. It is therefore an unacceptable form of development within the open countryside contrary to Policies SWDPR 03 and SWDPR 52 of the South Worcestershire Development Plan Review.
The pontoon is of a size and materials which fails to respect the character of the area and its unbalanced design results in a visual intrusion, due to the mass of concrete negatively contrasting with the surrounding natural riverside environment. The pontoon adversely affects the character and appearance of the conservation area, as well as the setting of three Grade II listed buildings (The Swan Inn (H.E. Ref: 1227324), Bridge House (H.E. Ref: 1265404), and The King’s Head (H.E. Ref: 1227322)) in close proximity to the site, resulting in a moderate level of harm to heritage assets. The development is therefore contrary to Policies SWDPR 05, SWDPR 09, SWDPR 28 and SWDPR 33 of the SWDPR and also contrary to paragraphs 210-215 of the National Planning Policy Framework.
The site is located within Flood Zone 3b and forms part of the functional flood plain; however the applicant has failed to provide a suitable Flood Risk Assessment or a Flood Evacuation Plan as required by policies SWDPR 38. In particular, the submitted FRA is deficient in respect of information pertaining to the Design Flood Level for the site and how the proposed pontoon will behave during a design flood event. Furthermore it has not been adequately demonstrated how the development will remain operational and safe for users in times of flood, result in no net loss of floodplain storage and not impede water flows and not increase flood risk elsewhere. The application has also failed to demonstrate that the integrity of the flood defence has not been affected or compromised as a result of the works. Finally, no Flood Warning and Evacuation Plan has been submitted which identifies a flood level that will initiate evacuation of people, and any subsequent closure of the facility. Overall, the applicant has failed to demonstrate that the development would not have an adverse impact on the functional floodplain and that safe access can be provided in the event of a flood. Consequently, the development is considered to result in an increase in flood risk to the area and an unacceptable risk to life for future users of the development contrary to Policy SWDPR 38 of the South Worcestershire Development Plan Review as well as being contrary to paragraphs 170 and 175 of the NPPF and also contrary to the guidance set out within paragraphs 044, 047 and 048 of the NPPG.
This application has been refused having regard to the following drawings/documents:
- 389-26-PL001A Location Plan
- 389-26-PL002A Existing Block Plan
- 340-26-PL004A Existing Elevations
- Flood Risk Assessment dated January 2026 by Addison Rees Planning Consultancy Ltd
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: - considering the imposition of conditions and or the completion of a s.106 legal agreement
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. This is in accordance with paragraph 39 of the NPPF. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above.
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Address
Sent
Reply Received
41 Old Street
Upton Upon Severn
WORCESTER
WR8 0HN
24/02/2026
4 Church Street
Upton Upon Severn
WORCESTER
WR8 0HT
24/02/2026
The Norwegian Cottage
Hyde Lane
Upton Upon Severn
WORCESTER
WR8 0SD
23/02/2026
1 Cherry Orchard
Upton Upon Severn
WORCESTER
WR8 0LR
25/02/2026
3 Three Counties Park
Sledge Green
Berrow
WR13 6JW.
06/03/2026
35 Mulberry Drive
Upton Upon Severn
WORCESTER
WR8 0ET
23/02/2026
Malt House
Waterside
Upton Upon Severn
WORCESTER
WR8 0JD
19/02/2026
6 Longfield
Upton Upon Severn
WORCESTER
WR8 0NR
24/02/2026
3 Hall Green
Upton Upon Severn
WORCESTER
WR8 0NQ
23/02/2026
36 Mulberry Drive
Upton Upon Severn
WORCESTER
WR8 0ET
Conservation Area 25m buffer: Upton Upon Severn Conservation Area
Local Wildlife Site within 100m: River Severn
Flood Zone 3. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Water Supply Company
Canal and River Trust Inner Zone - Consult for all Dev. Types
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Listed Buildings Affect Setting 25m Buffer - Grade II. H.E Ref: 1227324. Listed Building. The Swan Inn (the former 23 Dunns Lane), warehouse running to north and warehouse fronting Riverside. LB/1227324
