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Planning appeal decision

Notice varied and upheld21 July 20233302269

Parcel of Land Adjacent to Numbers 7 & 9 Hospital Bank, Situated Within the Land Known As 3 to 11 Hospital Bank, Malvern, WR14 1PQ

Planning appeal 3302269 at Parcel of Land Adjacent to Numbers 7 & 9 Hospital Bank, Situated Within the Land Known As 3 to 11 Hospital Bank, Malvern, WR14 1PQ (Malvern Hills District Council) was allowed in part (a split decision) on 21 July 2023 by Inspector Blackwell J, by written representations. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area, including the Trinity Conservation Area.

Without planning permission, the unauthorised engineering operations consisting of the change in ground levels and the operational development consisting of the erection of retaining walls, the erection of brick piers, and the creation of a vehicular access on the land edged red on the attached plan

Authority
Malvern Hills District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Blackwell J
Postcode
WR14 1PQ

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area, including the Trinity Conservation Area
  • whether the development preserves or enhances the setting of Redwood House, a grade II listed building

What decided it

The loss of the Malvern stone boundary wall and extensive green space caused less than substantial but significant harm to the conservation area and listed building setting that could not be justified by the minimal parking benefit, requiring the enforcement notice to be upheld with modifications.

What the Inspector cited

Development plan policies
Policy SWDP21Policy SWDP6Policy MD1
National Planning Policy Framework
Paragraph 193Paragraph 194Paragraph 196Paragraph 199Paragraph 202

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Malvern Hills

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld20 August 20263376591
    54 Malvern Road, Powick, Worcester, WR2 4RT
  2. Allowed2 April 20263363143
    Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ
  3. Notice upheld25 March 20253346544
    Land Adjoining Fartown Farm, Pensax, Abberley, Worcester, WR6 6AE
  4. Split Decision18 November 20243342762
    Crowcroft House Farm Crowcroft, Leigh Sinton, Malvern, WR13 5ED
  5. Planning permission granted18 September 20243334212
    Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.