Application Number 19/01820/FUL
Status Application Approved

Sign up to notifications on this planning application Back to search results New search

Planning Online Status


  • Application
    Valid
    31/12/2019
  • Consultation
    End
    04/03/2020
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    18/05/2020
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number 19/01820/FUL
Location Address The Fountain Stores Court Road Malvern WR14 3PN
Proposal Change of use from A1 to C3 Use Class and associated conversion and extension to form 8no. 1 bedroom apartments.
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 04/12/2019
Application Valid Date 31/12/2019
Consultation Start Date 12/02/2020
Site Visited / Site Notice Date
Consultation End 04/03/2020
Advert Expiry 07/02/2020
Committee Date (if applicable)
Committee Agenda
Decision Date 18/05/2020

Further Information
Expected Decision Level Delegated
Case Officer Clare Bull
Parish Malvern CP
Ward Chase Ward - Pre 01/05/23
Applicant Mr. S. Gill, ASKC Developments Ltd
Agent Miss J. Greybanks, Apse Building Design Ltd
Agent Address 15 Quantock Drive Kidderminster Worcs. DY10 1RZ

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, the development hereby approved shall be carried out in accordance with the information provided on the application form and the following plans: Location Plan 3869-03-A Proposed Ground Floor Plan 3869-04-A Proposed First Floor Plan and Elevations 3869-05-A Proposed Block Plan Schedule of Works to front elevation Access, Design and Heritage Statement Reason: To define the permission.
The Development hereby approved shall not be brought into use until the access, turning area and parking facilities shown on Drawing 3869-05-A has been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and in accordance with policy SWDP21 of the South Worcestershire Development Plan.
No development shall take place until a percolation test has been carried out in accordance with BRE Digest 365, or such other equivalent guidance as may be agreed in writing by the Local Planning Authority. The results of the percolation test shall be submitted to and agreed in writing by the Local Planning Authority. If the percolation test results show that 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 for approval. 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. and 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 SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.
No development shall take place until details on the location of any proposed soakaway have been submitted to and agreed in writing by the Local Planning Authority. Any soakaway should be located no less than 5m from any building or sub-structure and 2.0m from a site boundary. If soakaway drainage is not possible on this site, an alternative method of surface water disposal should be submitted for approval. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter. Reason: To ensure that the site can be adequately drained and 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 SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.
Prior to first occupation of the development hereby permitted, details to demonstrate that the daily non-recycled water use per person will not exceed 110 litres per day shall be submitted to the local planning authority for approval. The works will be carried out in accordance with the details provided. Reason: To promote compliance with the Water Framework Directive, mitigate the impacts of climate change and in accordance with policy SWDP30 of the South Worcestershire Development Plan,
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 SWDP21 of the South Worcestershire Development Plan.
Prior to occupation of the development hereby permitted, subject to technical feasibility and viability considerations, details showing the location, design and number of all electric vehicle charging points, (either in an active or passive form) to serve the development shall be submitted to the local planning authority for approval. The EVCPs shall be provided in accordance with the approved details prior to the occupation of the development. Reason: In accordance with paragraphs 105 and 110 of the NPPF, guidance within the Worcestershire Streetscape Design Guide and policy MT3 of the Malvern Town Neighbourhood Plan.
All new masonry shall be finished externally in materials to match in form, texture and colour those of the existing building. Reason: To ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
Prior to any building works being first commenced, a precise specification of the proposed schedule of repairs, including details of any new materials, shall be submitted to and approved in writing by the local planning authority. This shall include:- - sample panel of brickwork - Sample roof tiles - details (materials, location) of any external re-pointing; - details of repairs to windows including materials and design profiles; - details of all areas of repair to the soffits, dentils decorative plaster work including materials The works hereby permitted shall be carried out in accordance with the approved details. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
Prior to their installation as part of the development hereby approved, details of the following shall be submitted to and approved in writing by the Local Planning Authority:- - external joinery details along with architectural details of the any new doors and windows to include elevational drawings at a minimum scale 1:20 - details of external vents, extracts and chimney flues including information on specification and colour - details of the proposed materials and finish of the secure cycle parking stand. The development shall be carried out using the materials as approved. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
All new or replacement rainwater goods shall be in painted cast iron or cast aluminium. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
Notwithstanding the details shown on the proposed plans, before the commencement of 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 10% 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. - plans to show the siting, design and location of the proposed features 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 SWDP27 of the South Worcestershire Development Plan and to ensure the detailed design does not detract from the non-designated heritage asset and character of the Conservation Area in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
On completion of works the development shall be inspected by a qualified ecologist and a statement of conformity and a copy of any bat licences and licence monitoring returns as appropriate shall be submitted to the Local Planning Authority to confirm the mitigation, compensation and enhancement measures for biodiversity have been successfully implemented in accordance with the details approved under this condition. 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).
No development shall take place until an ecological mitigation and enhancement scheme has been drawn up by a suitably qualified ecologist, submitted to and approved in writing by the local planning authority. The scheme shall be based on the recommendations contained within the ecological survey report by Chelmarsh RG dated December 2019 and shall include an implementation timetable. The works shall thereafter be carried out in accordance with the approved details and timetable. The scheme should include but not be limited by the following: - A licensed ecologist will remain on call for roof work and works to other key areas. - The contacts details of the ecologist will be included in the ecology and mitigation scheme document and will be provided to contractors on site; - Removal of roofing material and other sensitive areas of the building such as fascia boarding and soffit boxes will be undertaken by hand and carefully checked for the presence of bats; - If evidence of bats is found, work should stop immediately and the ecological consultant contacted for advice on the best way to proceed lawfully; - Details of measures to ensure that nesting birds are not disturbed during clearance works. - Mitigation measures - Details of enhancement provision 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).
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 in the following ways:- - seeking further information following receipt of the application - considering the imposition of conditions. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
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 2010, the latter of which deems them a European Protected Species. It is a criminal offence to deliberately kill or injure a bat, to disturb or destroy a bat roost or to obstruct an entrance to a roost. If evidence of bats is found, work should stop immediately and an ecological consultant contacted for advice on the best way to proceed. All contractors working on site should be made aware of the advice and provided with the contact details of a relevant ecological consultant.

Copyright Notice

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.

Tick here to show you have read and agree with the Copyright Notice.

Document Download Tips

  • In order to view the documents please ensure you have ticked the Copyright Notice box above.
  • In order to view PDF documents, you will need to have the free Adobe Acrobat Reader software installed on your computer. Click here to download.
  • To view individual documents click on the 'Document Type' on the row you require and the document will open as an Adobe Acrobat pdf.
  • To download multiple documents in one go, tick all the boxes relating to the documents you wish to view and click Download selected files button.
  • If you wish to download ALL documents place a tick in the box in the header row and click 'Download Selected Files' button.
  • Note: some devices such as iPads that use iOS browsers do not have the standard capability to download multiple files as a default function. If you are experiencing difficulties you may need to download a free application to enable you to do this - known as a zip file. Go to the AppStore to download a zip file ‘app’.

How to reorder or group rows

Click on a column heading for the ability to sort the ‘group’ listing in ascending or descending order by using the up/down arrows. This is useful to sort by ‘name/organisation’.

Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
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
Sarah Hunt Hope Cottage 129 Court Road MALVERN WR14 3EF 23/02/2020
Occupier Southdene Thirlstane Road Malvern WR14 3PL 06/01/2020
Daniel Petersen 123 Court Road MALVERN WR14 3EF 07/01/2020 27/01/2020
Occupier 88 Court Road Malvern WR14 3EB 07/01/2020
Occupier 92 Court Road Malvern WR14 3EB 07/01/2020
Occupier Lapwood Cottage 125 Court Road Malvern WR14 3EF 07/01/2020

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Caroline Baldwin Chase Ward 06/01/2020 27/01/2020
Cllr Samantha Charles Chase Ward 06/01/2020 27/01/2020 09/01/2020
Councillor J. O'Donnell Chase Ward 06/01/2020 27/01/2020
Drainage Engineer Engineers - S.W. Land Drainage Partnership 06/01/2020 27/01/2020 06/01/2020
Highways County Highways 06/01/2020 27/01/2020 14/01/2020
MHDC Conservation Officer MHDC Development Plans & Conservation 06/01/2020 27/01/2020 10/02/2020
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 06/01/2020 27/01/2020 06/05/2020
Town Council Clerk Malvern Town Council 06/01/2020 27/01/2020 16/01/2020
Housing Team - MHDC Housing - MHDC 12/02/2020 04/03/2020 02/03/2020

Constraints List


Constraints List
Neighbourhood Plan: NPA Boundaries
SWDP 5: Urban - Unsurveyed
Paper: Malvern Gazette - Friday
CIL003 - Main Urban Area
Conservation Area 25m buffer: Great Malvern
s106: Qinetiq Barracks Site St Andrews Road Malvern Refno: S106-187b
Interferometer Area. INFER/7004 -
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 6: Conservation Area
SWDP 2: Development Boundary
Surface Water: 1 in 1000 extent
Surface Water: 1 in 100 extent.
Surface Water: 1 in 30 extent.
No associated appeals