Highbrae Mamble Road, Clows Top, KIDDERMINSTER, DY14 9HX

proposed residential development of 17no. dwellings with new access

Authority: Malvern Hills District Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Law T

Main issues, as the Inspector framed them

The effectiveness of the planning obligation

What decided it

The planning obligation was not effectively drafted or executed and could not reliably secure the affordable housing, open space, and infrastructure contributions required by development plan policies, rendering the proposal non-compliant with the development plan as a whole despite the housing supply shortfall.

The benefits of 17 dwellings and economic and social benefits were outweighed by the failure to secure necessary affordable housing and infrastructure obligations required by the development plan, which could not be given material weight due to defects in the unilateral undertaking

Framework references: 11

Plan policies cited: SWDP15, SWDP7, SWDP21, SWDP39

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.