Application Number M/23/00469/CLE
Status Application Refused

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Planning Online Status


  • Application
    Valid
    14/04/2023
  • Consultation
    End
    11/05/2023
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    15/12/2023
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/23/00469/CLE
Location Address The Ridgeway Malvern Road Powick Worcester WR2 4SN
Proposal Certificate of lawfulness for the existing use of land for stationing a caravan for residential purposes
Status Refusal
Application Type Certificate of Lawfulness Existing
Appeal Decision N/A

Important Dates
Application Received Date 30/03/2023
Application Valid Date 14/04/2023
Consultation Start Date 20/04/2023
Site Visited / Site Notice Date
Consultation End 11/05/2023
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 15/12/2023

Further Information
Expected Decision Level Delegated
Case Officer Georgina Luxton
Parish Powick CP
Ward Powick Ward - Pre 01/05/23
Applicant Mr Malcolm Rankin
Agent Mr Ben Greenaway, Greenaway Planning Limited
Agent Address PO Box 937 Worcester WR4 4GS

Condition Details / Information Notes
Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire WR14 2AF HEREBY CERTIFY that application reference M/23/00469/CLE registered on 14 April 2023 for a Certificate of Lawfulness Existing Use or Development is REFUSED in relation to the matter described in the First Schedule to this Notice in respect of the land specified in the Second Schedule to this Notice and outlined in red on the plan attached to this Notice, for the following reason:- Under Section 171B (3) of the Town and Country Planning Act the applicant needs to provide sufficient evidence that the caravan has been situated on the land at The Ridgeway, Malvern Road, Powick, Worcester, WR2 4SN, for ten or more years for the purposes of residential occupation. The information submitted with the application claims that the caravan has been used for the purposes of residential occupation for a preceding 10 year period for that purpose, but there is insufficient persuasive evidence to corroborate this claim within the information submitted with the application, which is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability.
FIRST SCHEDULE: Use of land for stationing a caravan for residential purpose. SECOND SCHEDULE Location: Caravan at The Ridgeway, Malvern Road, Powick, Worcester, WR2 4SN

Copyright Notice

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 Document Type▶ Date ▶ Description ▶ File Size ▶ Drawing/Rev Number ▶
Application Documents
01. Application Form 30/03/2023 Application Form (260kb) -
02. Supporting Information 30/03/2023 Statutory Declaration (8438kb) -
02. Supporting Information 30/03/2023 Supporting Statement (323kb) -
03. Photo 30/03/2023 Photo - 2007 (219kb) -
03. Photo 30/03/2023 Photo - 2013 (322kb) -
03. Photo 30/03/2023 Photo - 2018 (302kb) -
03. Photo 30/03/2023 Photo - 2021 (308kb) -
03. Photo 30/03/2023 Photo - 1999 (172kb) -
03. Photo 30/03/2023 Photo - 2005 (201kb) -
Application Plans
04. Site / Location Plan 30/03/2023 Location Plan (143kb) 2108 1000 -
Decision
11. Decision Information 15/12/2023 Delegated Report (23kb) -
11. Decision Information 30/03/2023 Location Plan - refusal (1097kb) -
12. Decision Notice 15/12/2023 Decision Notice (41kb) -

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.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Cllr Kathy Wells Powick Ward 20/04/2023 11/05/2023
Cllr T A L Wells Powick Ward 20/04/2023 11/05/2023

Constraints List


Constraints List
SWDP 15: Designated Rural Areas
Policy Case ELA - 15/01617. Unit 9, The Ridgeway, Malvern Road, Powick, Worcestershire, WR2 4SN. The erection of B1, B2 & B8 workshops with associated parking and the re-location of a Public Right of Way.. Complete.
SWDP 5: Protect and Enhance
Policy Case ELA - MHDC/78/EMP. The Ridgeway, Malvern Road, Powick, WR2 4SN. Certificate of lawfulness for the proposed extension of existing light industrial, Class B1 (C), building.. Complete.
Policy Case ELA - 03/01930. Ridgeway Farm, Malvern Road, Powick. Change of use from class A1 (retail) to mixed use including class B1(a) (offices and class A1 (retail). Complete.
Policy Case HLA - MIG/13/01106/HOU. Malvern Caravans, Malvern Road, Powick, Worcester, WR2 4SN. Reserved matters application following outline planning permission 13/01106/OUT for the development of 6 dwellings (2 pairs of semi detached and 2 detached) and associated development to agree access, appearance, landscaping, layout and scale, . Open Market. Small windfall (HLA only)
Paper: Malvern Gazette - Friday
CIL009 - Non-Urban Area
s106: Land at Ridgeway Farm Bastonford Powick Refno: S106-081
s106: Land at Malvern Road, Powick Refno: S106-390
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Interferometer Area. INFER/7017 -
Enforcement Notice Issued Ref: ENF/17/0184 Property: Caravan And Container Storage Land, The Ridgeway, Malvern Road, Powick
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- PW-627 C
Public Right of Way: Type- Footpath. Path No- PW-635 C
Public Right of Way: Type- Footpath. Path No- PW-634 C
Public Right of Way: Type- Footpath. Path No- PW-633 C
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Contaminated Land
Local Wildlife Site within 100m: Carey's Brook
No associated appeals