Application Number 19/01681/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    20/01/2020
  • Consultation
    End
    22/02/2020
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    08/01/2021
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number 19/01681/FUL
Location Address Land At (Os 7752 4538) Wells Road Malvern
Proposal Construction of two apartments
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 07/11/2019
Application Valid Date 20/01/2020
Consultation Start Date 21/01/2020
Site Visited / Site Notice Date
Consultation End 22/02/2020
Advert Expiry 21/02/2020
Committee Date (if applicable)
Committee Agenda
Decision Date 08/01/2021

Further Information
Expected Decision Level Delegated
Case Officer Ian Hiscock
Parish Malvern CP
Ward Priory Ward - Pre 01/05/23
Applicant Mr Bruce Suban
Agent Nick Carroll, Nick Carroll Architects Ltd.
Agent Address 14 Park View Terrace Worcester Worcestershire WR3 7AG

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 provided on the application form and the following plans/drawings/documents – 1512BR-02E, 1512BR-03G, 1512BR-04F, 1512BR-01C, 1512BR-05D, 1512BR-05 and 1512BR-06, the Wheel Clean and Wash Provision and Construction Environmental Management Plan (CEMP), the Arboricultural Method Statement by Eden Arboriculture dated 28 April 2020, the Tree Protection Plan from Eden Arboriculture Ltd dated 08.01.20, the Surface Water Drainage Strategy drafted by Nick Carroll Architects and the Shiregeotechnical Ground Investigation Report (G-19-090/G1-1) dated August 2019 submitted as part of this planning application. Reason: To define the permission.
Prior to the construction of the dwelling proceeding beyond slab level, samples and trade descriptions of the external facing and roofing materials to be used in the construction of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved detail. Reason: To ensure that the new materials are in keeping with the surroundings in accordance with Policies SWDP 21, SWDP 6 and SWDP 24 of the South Worcestershire Development Plan.
The Development hereby approved shall not be occupied until an area has been laid out within the curtilage of the dwelling for the parking and turning of 4 cars. This area shall thereafter be retained for the purpose of parking and turning of vehicles only. Reason: In the interests of Highway safety and to ensure the free slow of traffic using the adjoining Highway in accordance with Policy SWDP 4 of the South Worcestershire Development Plan.
The Development hereby permitted shall not be first occupied until sheltered and secure cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only. Reason: To comply with the Council's parking standards in accordance with Policy SWDP 4 of the South Worcestershire Development Plan.
The Development hereby approved shall be constructed in accordance with the Construction Environmental Management Plan details uploaded to MHDC on 17th December 2020: • 1512BR-06 CEMP Plan • Construction Environment Manangement Plan • Wheel Clean and Wash Provision Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety in accordance with Policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan.
Surface water drainage for the development hereby approved shall accord with details set out in the Surface Water Drainage Strategy by Nick Carroll Architects and supplemented by the findings of the Shiregeotechnical Ground Investigation Report (G-19-090/G1-1) dated August 2019. If ground conditions are unsuitable for some, or all, types of infiltration device then an alternative method of surface water disposal will need to be submitted to and agreed in writing with the Local Planning Authority. The agreed recommendations shall be implemented in full prior to the first occupation of the development. Reason: To ensure that the site can be adequately drained in accordance with national policy guidance contained within the National Planning Policy Framework and Policy SWDP 29 of the South Worcestershire Development Plan.
Prior to installation on site details of the boundary treatment, including the front boundary to Wells Road to be erected shall be submitted to and approved in writing by the Local Planning Authority. These details shall include a plan (at a minimum scale of 1:500) detailing the position of all proposed boundary treatment and annotated or accompanied by a schedule specifying the type, height, composition and appearance of boundary treatment throughout the site. The approved boundary treatment shall be erected before the development is first brought into use and thereafter retained in that form, notwithstanding the provisions of Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification). Reason: In the interests of residential and visual amenity in accordance with Policy SWDP 21 of the South Worcestershire Development Plan
Prior to installation drawings at a minimum scale of 1:20 of all the fenestration proposed in the development hereby approved and the panels to the sides of the glazed openings within the rear elevation shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with these approved details and retained thereafter. Reason: To preserve or enhance the character of the Conservation Area in accordance with Policies SWDP 21, SWDP 6 and SWDP 24 of the South Worcestershire Development Plan.
Prior to installation, details of bin storage areas to serve the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and shall be retained thereafter. Reason: To preserve or enhance the character of the Conservation Area in accordance with Policies SWDP 21, SWDP 6 and SWDP 24 of the South Worcestershire Development Plan.
Demolition/ground works/construction work shall not take place outside the following hours: Monday to Friday 08.00-19.00 hrs Saturdays 08.00-13.00hrs. There shall be no such work on Sundays or Public Holidays. Reason: To protect the residential amenities of the area in accordance with Policy SWDP 21 of the South Worcestershire Development Plan.
Prior to installation, a scheme of external lighting shall be submitted to and approved in writing by the Local Planning Authority. These details shall include plans detailing the position of any lighting cross referenced to a Schedule detailing the level of luminance. The lighting shall be installed in accordance with the approved details and thereafter be retained in that form. Reason: To safeguard the visual amenity of the area and safegurard wildlife in accordance with Policies SWDP 21 and SWDP 22 of the South Worcestershire Development Plan.
Prior to the development proceeding beyond slab level, detailed plans shall be submitted to and agreed in writing by the Local Planning Authority setting out how existing extractor fans within the north elevation of the neighbouring property and obscructed by the building hereby approved will be accommodated within the development. The development shall be implemented in accordance with the approved details and retained thereafter. Reason: In order to satisfactorily accommodate the extractor fans associated with the existing flats in accordance with Policy SWDP 21 of the South Worcestershire Development Plan.
Prior to the commencement of development, details of the proposed foundations for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The details will need to include a sub-structure arrangement and be constructed in such a way that does not affect the quality and quantity of the spring flow and avoids imposing loads onto the existing culvert. The development shall be implemented in accordance with the approved details and retained thereafter. Reason: To ensure that the development would not result in an unacceptable risk to the quality or quantity of the underground spring in accordance with Policy SWDP 30 of the South Worcestershire Development Plan.
Unless otherwise agreed in writing by the Local Planning Authority, the development shall proceed in accordance with the Energy and Sustainability Statement by A1 Architectural Design which sets out that Solar Photovoltaic Panels will be used equivalent to generate at least 10% of predicated energy requirements of the dwellings hereby approved, to reduce energy usage and running costs for future occupiers. The approved details shall be implemented prior to the first occupation of the development and retained thereafter. Reason: To ensure sustainability measures are taken into account in the development in accordance with Policy SWDP27 of the South Worcestershire Development Plan.
Prior to the first occupation of the development hereby approved water consumption for the occupiers of the apartments shall be in accordance with the details set out in the Energy and sustainability statement drafted by A1 Architectural Design. Reason: To ensure water management is taken into account in the development in accordance with SWDP 30 of the South Worcestershire Development Plan.
Prior to installation, details of broadband provision shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use and retained thereafter. Reason: To ensure that the development is provided with adequate broadband provision in accordance with Policies SWDP26 of the South Worcestershire Development Plan.
The flat roof area of Level 2 shall not be used as a balcony, roof garden or similar amenity area without the submission and subsequent approval of a separate application for planning permission. Reason: To safeguard the privacy of to the occupants of the adjacent properties and of the development hereby approved in accordance with Policy SWDP21 of the South Worcestershire Development Plan.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Appraisal produced by Elite Ecology dated January 2020 and submitted with this application. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended).
Prior to the first occupation of the apartments hereby approved the privacy screens set out on drawing no. 1512BR-02E shall be erected along the south side of the two rear balcony areas. The approved screens shall thereafter be permanently maintained. Reason: in the interests of the residential amenity of the occupiers of neighbouring properties in accordance with Policy SWDP 21 of the South Worcestershire Development Plan.
The development shall proceed in accordance with the recommendations set out in the Arboricultural Method Statement by Eden Arboriculture dated 28 April 2020. Reason: To ensure the retention and future health of trees in accordance with Policies SWDP 21 and 25 of the South Worcestershire Development Plan.
For the use or reuse of sewer connections, either direct or indirect, to the public sewerage system the Applicant will be required to make a formal application to STWL under Section 106 of the Water Industry Act 1991. The Applicant may obtain copies of current guidance notes and application form from either the STWL website (www.stwater.co.uk) or by contacting the STWL Development Services Team (Tel: 0800 707 6600).
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information 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 requirements of the Party Wall Act 1996.

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Statutory Consultee Response
Decision
Discharge of Condition

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.


Name Address Sent Reply Received
Occupier 36 Abbey Road Malvern WR14 3HD 21/01/2020
Occupier 40 Abbey Road Malvern WR14 3HD 21/01/2020
Occupier 41B Wells Road Malvern WR14 4RJ 21/01/2020
Occupier 41C Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 1 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 2 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 3 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 4 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 5 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 6 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 7 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Apartment 8 Belle Vue Heights 37-39 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier Belle Vue Fitness 41 Wells Road Malvern WR14 4RJ 21/01/2020
Occupier The Manse House 41A Wells Road Malvern WR14 4RJ 21/01/2020

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Beverley Nielsen Priory Ward 21/01/2020 11/02/2020
Cllr Cynthia Palmer Priory Ward 21/01/2020 11/02/2020
Consultation Service Natural England 21/01/2020 11/02/2020
Drainage Engineer Engineers - S.W. Land Drainage Partnership 21/01/2020 11/02/2020 21/01/2020
Highways County Highways 21/01/2020 11/02/2020 17/12/2020
MHDC Conservation Officer MHDC Development Plans & Conservation 21/01/2020 11/02/2020 11/02/2020
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 21/01/2020 11/02/2020
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 21/01/2020 11/02/2020 27/01/2020
Town Council Clerk Malvern Town Council 21/01/2020 11/02/2020
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 12/02/2020 26/02/2020 04/03/2020

Constraints List


Constraints List
Neighbourhood Plan: NPA Boundaries
Paper: Malvern Gazette - Friday
CIL003 - Main Urban Area
CIL009 - Non-Urban Area
Conservation Area 25m buffer: Great Malvern
Interferometer Area. INFER/7004 -
Enforcement Notice Issued Ref: 09/00031/CONSRV Property: 37 Wells Road, Malvern
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 6: Conservation Area
SWDP 2: Development Boundary
SWDP 5: Urban - Unsurveyed
Listed Buildings Affect Setting 25m Buffer - GRADE: II. 152211. Emmanuel Evangelical Church At 41 Wells Road Malvern Worcestershire WR14 4RJ
Site of Special Scientific Interest within 500m
No associated appeals