| Application Number | M/26/00994/HP |
| Status | Application Approved |
| Application Valid |
|---|
| 29/06/2026 |
| Consultation End |
|---|
| 30/07/2026 |
| Committee Meeting |
|---|
| N/A |
| Decision |
|---|
| Approval |
| Decision Date |
|---|
| 13/08/2026 |
| Appeal Started |
|---|
| N/A |
| Appeal Decision |
|---|
| N/A |
| Summary | |
| Application Number | M/26/00994/HP |
| Location Address | Elmleigh Rye Street Birtsmorton Malvern WR13 6AS |
| Proposal | First floor rear extension. |
| Status | Approval |
| Application Type | Householder Planning |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 29/06/2026 |
| Application Valid Date | 29/06/2026 |
| Consultation Start Date | 03/07/2026 |
| Site Visited / Site Notice Date | |
| Consultation End | 30/07/2026 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 13/08/2026 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Benjamin Sparrey |
| Parish | Birtsmorton CP |
| Ward | Longdon Ward |
| Applicant | Mr Keith Leadbeater |
| Agent | Mr Stephen Sparkes, A1 Architecture Ltd |
| Agent Address | 10 THE ANCHORAGE HEMPSTED GLOUCESTER GL2 5JW |
| Condition Details / Information Notes |
| The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
| 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 – Site Location Plan 25-14-01 Proposed Site Plan 24-14-10 A Ground Floor Plan 25-14-11 First Floor Plan 25-14-12 A Sections AA + BB 25-14-13 Proposed Elevations 25-14-14 A Proposed View 25-14-15 A Proposed View 2 25-14-17 A 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. |
| Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted within plan number "24-14-10 A" shall be fully implemented and remain thereafter. Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with policy SWDPR 39 of the South Worcestershire Development Plan Review 2026. |
| The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Bat Survey Report, reference 5890, version v1.1 carried out by ATW Ecology Ltd dated 22 June 2026 and submitted with this application. In particular:- - As a precaution, roofing materials shall be removed by hand. In the unlikely event that bats are discovered all work must halt while the project ecologist is consulted. -No removal or disturbance of trees, hedgerows, shrubs or buildings that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the area is cleared and has provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation shall be submitted to the local planning authority. - To prevent the accidental trapping of wildlife, any excavations left overnight shall be backfilled, covered or fitted with ramped means of escape. - Any open pipework with an outside diameter greater than 120mm must be covered at the end of each working day to prevent wildlife entering and becoming trapped. - One integrated bat box shall be installed on a suitable south-facing aspect of the new extension, at a height in excess of 3m. Suitable designs include but are not limited to: Ibstock Enclosed Bat Box 'B', Habibat Bat Box 001, Habibat Bat Box 003 - Custom Brick Blended Facing. - Any newly installed boundary walls and fencing shall contain 130mm holes at ground level to allow the free movement of hedgehog and other small wildlife. - External lighting plans shall follow recommendations contained within Guidance Note 8 Bats and Artificial Lighting, Institution of Lighting Professionals. 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. |
| Positive and Proactive Statement. No problems have arisen in dealing with this application. The planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations. No amendments or alterations were therefore required and no further positive or proactive action was deemed necessary. |
| Buildings, and particularly roofs and the spaces underneath them, are frequently used as roosting sites by bats. Bats and their 'roost' sites are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats & Species Regulations 2017 (as amended), the latter of which deems them a European Protected Species. It is a criminal offence to damage or destroy a roost (even if bats are not occupying the roost at the time), to deliberately kill or injure a bat, disturb a bat in its roost, or intentionally or recklessly obstruct access to a bat roost. Planning consent for a development does not provide a defence against prosecution under these acts. Any removal of roof and wall coverings including roof tiles, slates, hanging tiles, timber boarding, soffit boxes and facia boards shall be carried out carefully by hand. If bats or any sign of bats such as an accumulation of droppings are encountered at any stage of work, work must cease immediately and advice sought from an appropriately licenced bat ecologist on how to proceed lawfully. All contractors working on site should be made aware of the advice and provided with the contact details of a relevant ecological consultant. |
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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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 |
|---|---|---|
| Elm Cottage Rye Street Birtsmorton WORCESTER WR13 6AS | 03/07/2026 |
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Cllr Jennie Watkins | Longdon Ward | 03/07/2026 | 24/07/2026 | |
| Consultation Service | Natural England | 03/07/2026 | 24/07/2026 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 03/07/2026 | 24/07/2026 | 06/07/2026 |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 03/07/2026 | 24/07/2026 | |
| Mrs Christina Leake | Birtsmorton Parish Council | 03/07/2026 | 24/07/2026 | 27/07/2026 |
| Worcestershire Wildlife Trust | Worcestershire Wildlife Trust | 03/07/2026 | 24/07/2026 |
| Constraints List |
| SWDPR 29: Malvern Hills SSSI Mitigation Strategy Zone of Influence |
| SWDPR South Worcestershire Boundary: Malvern Hills District Council |
| Paper: Malvern Gazette - Friday |
| CIL009 - Non-Urban Area |
| Pre-SWDPR - Outside SWDP Development Boundary |
| Water Supply. If Major Application consultation required with Water Supply Company |
| Policy Case HLA - MHDC/379/HOU. Elmley, Rye Street, Birtsmorton, Malvern, WR13 6AS. Certificate of lawfulness for the existing use of the property known as Elmleigh, Rye Street, Birtsmorton, WR13 6AS as forming two independent dwellinghouses (Use Class C3). (Dwelling conversion from 1 to 2 dwellings, net gain is 1).. Open Market. Small windfall (HLA only) |
| Pre-SWDPR - SWDP 15: Designated Rural Areas |
| Pre-SWDPR - SWDP 5: Protect and Enhance |
| SWDPR 19: Designated Rural Areas-Meeting Affordable Housing Needs |
| Old Lowland Meadow area on or within 500m |
| Site of Special Scientific Interest within 500m |
| Local Wildlife Site within 100m: Rye Field Meadows |
| No associated appeals |