Application Number M/26/00379/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    12/03/2026
  • Consultation
    End
    16/04/2026
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    14/07/2026
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/26/00379/FUL
Location Address Land At (Os 8157 4265) Winnington Gardens Hanley Swan
Proposal Variation of conditions 2 (approved plans) and 12 (boundary treatment) of Planning Permission M/24/01568/FUL allowed on appeal 6000576 (Erection of four dwellings, new access arrangements and associated works.)
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 12/03/2026
Application Valid Date 12/03/2026
Consultation Start Date 13/03/2026
Site Visited / Site Notice Date
Consultation End 16/04/2026
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 14/07/2026

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Hanley Castle CP
Ward Powick & the Hanleys Ward
Applicant Mr K Lockley, Lockley Homes
Agent Mr Kristian Lawrence, Lawrence & Finley Architects Limited
Agent Address 5 Henry Dane Way Newbold Coleorton LE67 8PP

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 M/24/01568/FUL dated 22nd December 2025. 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 – PL01 d, 10 g, 11 f, 12 e, 14 b, 20 d, 21 c, 22 b, 23 b, 24 b, 25 b, 26 b & 28 e. Reason: To define the permission in accordance with policies SWDPR01 and SWDPR03 of the South Worcestershire Development Plan Review 2026 and the National Planning Policy Framework.
The development shall be carried using the materials as specified in the approved materials schedule. Reason: To ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with policy SWDPR05 and SWDPR28 of the South Worcestershire Development Plan Review.
The measures set out in the approved CEMP shall be carried out and complied with in full during the construction of the development hereby permitted. Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved in writing by the local planning authority. Reason: To protect existing and new occupiers of residential areas from the unreasonable effects of noise, vibration, light and dust nuisance, to avoid and mitigate for any potential impact on protected species, minimise the risk of accidents and ensure public rights of way are kept available where possible for the duration of the construction,in accordance with policies SWDPR06, SWDPR28 and SWDPR35 of the South Worcestershire Development Plan 2026.
No building hereby permitted shall be occupied until the sustainable drainage/surface water drainage scheme and foul water drainage scheme for the site has been completed in accordance with the details shown on the approved plans/documents 7225-1910 P2 & the detailed drainage design document. The drainage scheme shall be managed and maintained thereafter in accordance with the approved management and maintenance plan submitted with the application. Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment and to ensure the proposed development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDPR38, SWDPR39 and SWDPR40 of the South Worcestershire Development Plan Review 2026.
The boundary treatment as shown on the Hard and Soft Landscape Plan Drawing 1 Rev 3 and the proposed compliance Plan Drawing No: 11 f shall be completed before the first occupation of the development hereby permitted. Development shall be carried out in accordance with the approved details. Reason: To protect the amenities of properties and ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDPR05, SWDPR28 and SWDPR34 of South Worcestershire Development Plan Review 2026.
The landscaping scheme shall be carried out in accordance with the details on drawing no : 2140 1 Rev 3 All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDPR05, SWDPR28 and SWDPR34 of South Worcestershire Development Plan Review 2026.
Prior to first occupation of the development hereby permitted, the vehicle access, parking spaces, and areas for manoeuvring vehicles shall have been constructed in accordance with details 7225-1920 P2. Thereafter the vehicle access, parking spaces and areas for manoeuvring vehicles shall be maintained, available at all times for their intended purpose. Reason: In the interests of highway safety in accordance with SWDPR 06 of the South Worcestershire Development Plan Review.
The development hereby permitted shall be carried out in accordance with the recommendations set out in the Phase 1 Preliminary Ecological Appraisal, Hanley farm (un-redacted), Document Reference: HFHS 0425_PEA, Updated April 2025. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDPR29 of the South Worcestershire Development Plan Review 2026.
No development shall take place including demolition, ground works and vegetation clearance until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and the approved landscaping scheme, has been submitted to and approved in writing by the local planning authority. It shall include: (a) a non-technical summary; (b) the roles and responsibilities of the people or organisation(s) delivering the HMMP; (c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; (d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and (e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority. (f) where the results of the monitoring show that conservation aims and objectives of the HMMP are not being met, how contingencies and/or remedial action are identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. Notice in writing shall be given to the Council when the habitat creation and enhancement works as set out in the HMMP have been completed. The created and enhanced habitat specified in the approved HMMP shall thereafter be managed and maintained in accordance with the approved HMMP. Monitoring reports shall be submitted to the local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP. Reason – To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and minimise impacts on protected species in accordance with SWDPR 29 of the South Worcestershire Development Plan Review 2026.
Prior to the first occupation of the development hereby permitted, details of renewable and/or low carbon energy generation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures shall contribute to at least 20% of the predicted energy requirements of the development. The details to be submitted shall include:- - the overall predicted energy requirements of the approved development; - the predicted energy generation from the proposed renewable/low carbon energy measures; and - an implementation timetable for the proposed measures. The development shall be carried out in accordance with the approved details. Reason: To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with policy SWDPR37 of the South Worcestershire Development Plan Review 2026.
The Green Infrastructure Management Plan identified on approved plan PL-12 E shall be carried out as approved. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDPR29 of the South Worcestershire Development Plan Review 2026.
Prior to the commencement of development hereby permitted, a Lighting Design Strategy for Biodiversity shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall be based on Guidance Note 08/23. Bats and Artificial Lighting at Night, by the Bat Conservation Trust and ILP, and shall: - Identify those areas/features on site that are particularly sensitive for nocturnal wildlife and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging. This will include the provision of dark corridor conditions for retained trees, hedgerows and other commuting routes; and - Show how and where external lighting will be installed and impacts of internal light spill (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent nocturnal animals from using their territory or having access to their breeding sites and resting places. All lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority. Reason – To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and minimise impacts on protected species in accordance with SWDPR 29 of the South Worcestershire Development Plan Review 2026.
Demolition, clearance or construction work and deliveries to and from the site in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a Saturday. There shall be no demolition, clearance or construction work or deliveries to and from the site on Sundays or Bank Holidays. Reason: To preserve the amenities of the locality in accord with Policy SWDPR28 and SWDPR35 of the South Worcestershire Development Plan Review 2026.
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless: - A Biodiversity Gain Plan has been submitted to the planning authority; and - The planning authority has approved the plan. Subject to Paragraph 14(2) of Schedule 7A of the Town and Country Planning Act 1990, the biodiversity gain plan must include: a) Information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; b) Completed metric tool calculation; c) The pre-development biodiversity plan and value of the onsite habitat; d) The post-development biodiversity plan and value of the onsite habitat; e) Any registered offsite biodiversity gain allocated to the development, including register reference numbers, and the biodiversity value of that gain in relation to the development; f) Proof of purchase for any biodiversity credits purchased for the development; and g) Any such other matters as the Secretary of State may by regulations specify. Advice about how to prepare a Biodiversity Gain Plan and a template can be found at: https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice - seeking amendments to the proposed development 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.
The applicants attention is drawn to the existence of an agreement made under Section 106 of the Town and Country Planning Act 1990 (as amended), and the restrictions imposed therein.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Decision
Planning Application Documents

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
19 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026 24/03/2026
1 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD 13/03/2026
2 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD 13/03/2026
3 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD 13/03/2026
31 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026
32 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026
4 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD 13/03/2026
5 Apple Tree Gardens Hanley Swan WORCESTER WR8 0DD 13/03/2026
Chasewood Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
Elmfield 33 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026
Griffwood House 34 Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026
Happy Hours Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
May Cottage Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
Mayfield Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
Savanna Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
The Beeches Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026
The Jasmines 33B Winnington Gardens Hanley Swan WORCESTER WR8 0DJ 13/03/2026
The Paddocks Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
Thistle Cottage Hanley Swan WORCESTER WR8 0EQ 13/03/2026
40 The Moorlands MALVERN WR14 4PS 13/03/2026
Mayfield Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
3 The Walnuts Hanley Swan WORCESTER WR8 0DU 13/03/2026
Happy Hours Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
Cherry Tree Cottage Picken End Hanley Swan WORCESTER WR8 0DQ 13/03/2026
14 Glanford Hanley Swan WORCESTER WR8 0DF 13/03/2026

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Kathy Wells Powick & the Hanleys Ward 13/03/2026 03/04/2026
Cllr Tom Wells Powick & the Hanleys Ward 13/03/2026 03/04/2026
Drainage Engineer Engineers - S.W. Land Drainage Partnership 13/03/2026 03/04/2026
Highways County Highways 13/03/2026 03/04/2026
Jonathan Brierley The Open Spaces Society 13/03/2026 03/04/2026
MHDC Legal Services MHDC Legal Services 13/03/2026 03/04/2026
Mrs R Abunassar Hanley Castle Parish Council 13/03/2026 03/04/2026
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 13/03/2026 03/04/2026
Worcestershire County Council (Footpaths) WCC - Footpaths 13/03/2026 03/04/2026

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
s106: Land adjacent to Winnington Gardens, Hanley Swan Ref No: S106-438
CIL009 - Non-Urban Area
Interferometer Area. INFER/7022 -
Interferometer Area. INFER/7017 -
Enforcement Notice Issued Ref: 09/00049/PHY4 Property: Yew Tree Farm Hanley SwanWorcesterWR8 0DN
Outside SWDP Development Boundary
Surface Water: 1 in 1000 extent
Water Supply. If Major Application consultation required with Water Supply Company
Asset of Community Value - Winnington Gardens Allotments, Winnington Gardens, Hanley Swan. End Date: . On the Unsuccessful Nominations Register . Inspect at: Malvern Hills District Council, Community Services, The Council House, Avenue Road, Malvern, WR14 3AF - Email: communityservices@malvernhills.gov.uk - Website: https://www.malvernhills.gov.uk/community/localism-and-communities/assets-of-community-value
Asset of Community Value Nominated. Winnington Gardens Allotments, Winnington Gardens, Hanley Swan. On the Unsuccessful Nominations Register . Inspect at: Malvern Hills District Council, Community Services, The Council House, Avenue Road, Malvern, WR14 3AF - Email: communityservices@malvernhills.gov.uk - Website: https://www.malvernhills.gov.uk/community/localism-and-communities/assets-of-community-value
Asset of Community Value Unsuccessful. Winnington Gardens Allotments, Winnington Gardens, Hanley Swan. On the Unsuccessful Nominations Register . Inspect at: Malvern Hills District Council, Community Services, The Council House, Avenue Road, Malvern, WR14 3AF - Email: communityservices@malvernhills.gov.uk - Website: https://www.malvernhills.gov.uk/community/localism-and-communities/assets-of-community-value
Policy Case HLA - MIG/15/00388/HOU. Land adjoining Winnington Gardens, Hanley Swan. Reserved matters application for 5 no. new dwellings following outline approval ( 15/00388/OUT) to include details of appearance, layout and scale.. Open Market. Small windfall (HLA only)
SWDP 15: Designated Rural Areas
SWDP 2: Development Strategy and Settlement Hierarchy, Hanley Swan Settlement Development Boundary
SWDP 5: Protect and Restore
Neighbourhood Plan: Development Boundaries - Hanley Castle Neighbourhood Plan. Adopted: 22/01/2019
Neighbourhood Plan: NPA Boundaries - Hanley Castle. Adopted: 22/01/2019
Public Right of Way: Type- Footpath. Path No- HK-553 B
No associated appeals