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Planning appeal decision

Dismissed16 March 20266002729

Malvernbury, 61 Abbey Road, MALVERN, WR14 3HH

three-storey residential building containing six, two-bedroom flats with parking

Authority
Malvern Hills District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Townend K

Main issues, as the Inspector framed them

  • whether the proposed development would preserve or enhance the character or appearance of the Great Malvern Conservation Area
  • whether the proposed development would provide acceptable living conditions for the future occupants of the property, with regard to privacy and outlook
  • whether the development would provide safe and suitable access and sufficient parking for the appeal proposal and for the occupants of Malvernbury
  • the effect of the development on biodiversity
  • whether the proposed drainage scheme would be appropriate and whether it would increase the risk of surface water flooding

What decided it

The harm to the significance of the Conservation Area, a designated heritage asset, would not be outweighed by the public benefits and provides a strong reason for refusing the proposal under paragraph 11d of the Framework.

The substantial harm to the Conservation Area and the living conditions of future occupants, combined with highway safety and drainage concerns, outweighed the limited public benefits of six additional dwellings, particularly given that the harm to a designated heritage asset provided a strong reason for refusal that displaced the presumption in favour of sustainable development.

Framework references: 11

Plan policies cited: SWDP 6, SWDP 21, SWDP 24, SWDP 22, SWDP 28, SWDP 29, MD1, MH2

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.