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Land At (Os 8205 5395) Claphill Lane Rushwick

M/24/01252/OUTOutline ApplicationRefused
Discharge / amendments

Refused on 20 November 2024

Council decision: RefusalDelegated (officer decision)1 reason for refusal

Approximate site (title boundary)
Boundary © HM Land Registry, © Ordnance Survey · details

This information is subject to Crown copyright and database rights 2026 and is reproduced with the permission of HM Land Registry. The polygons (including the associated geometry, namely x, y co-ordinates) are subject to Crown copyright and database rights 2026 Ordnance Survey AC0000851063. Conditions of use.

Proposal

Residential development of up to 120 homes (Use Class C3), access, public open space, landscaping, car parking, surface water attenuation and associated infrastructure (all matters reserved except access).(Variation of condition 25 (Hours of Operation) Ref. 19/01378/OUT - approved under Appeal Ref APP/J1860/W/21/3267054)

Received
6 September 2024
Decision level
Delegated (officer decision)
Ward
Alfrick, Leigh & Rushwick Ward
  1. Received6 Sep
  2. Validated6 Sep
  3. Consult.24 Oct
  4. Target
  5. Decided20 Nov

Decided in 75 days (council typically 56)

About this application

This is an outline application at Land At (Os 8205 5395) Claphill Lane Rushwick. Malvern Hills has handled 213 applications of this type. This one was decided in 75 days, 3 weeks longer than Malvern Hills's typical decision time. The site is in a conservation area. There have been 6 other applications at this address. In the past year there have been 63 applications across Alfrick, Leigh & Rushwick Ward.

62% of outline applications at Malvern Hills District Council were approved. Across all application types, the council typically decides in about 8 weeks (median).

Based on decided applications received in the last 3 years.Planning something similar? See what gets approved on your street

Why it was refused

  1. Condition 25 as originally imposed on the outline planning permission granted at Appeal formed part of the Statement of Common Ground submitted to the Public Inquiry and was countersigned by the Appellant. The appellant therefore had reasonable opportunity to advance alternate working hours for discussion as part of the Inquiry, rather than having to respond to a scenario where the Local Planning Authority had imposed the condition, after the event. Furthermore, the acceptance of those hours of working by all parties served to manage expectations of local residents in terms of the impact of the construction phase. The applicant attempts to assert that the approval by letter dated 21.07.2023 of a Construction Environmental Management Plan (which contained a reference to hours of working) submitted pursuant to condition 4 of the aforementioned permissions, but notwithstanding that it was neither explicitly or implicitly required by condition 4, somehow represents tacit acceptance by the Local Planning Authority of a change to the agreed hours of working prescribed by Condition 25. It does not. The rationale advanced for the amendment to the hours of working identifies no material change in circumstances to that which prevailed or could not have been reasonably foreseen during the Public Inquiry, prior to Condition 25 being imposed. The proposed material amendment to Condition 25, by expanding the working hours to an earlier commencement time of 7:30am would result in an adverse and consequently harmful impact upon residential amenity, contrary to why condition 25 was originally imposed and would therefore be detrimental to the living conditions of the occupiers of neighbouring properties. The proposal is therefore contrary to Policy SWDP 21 and in particular paragraph 135 of the NPPF.

From the council's decision notice.

Application details

Application type
Outline Application
Scale / size
Large
Number of dwellings
120
Parish
Rushwick CP

Planning application dates

Date validated
6 September 2024
Consultation expiry
24 October 2024
Consultation start
23 September 2024
Consultation end
24 October 2024

Applicant and agent

Agent address
Lioncourt House 3 Apex Park Wainwright Road Worcester Warndon WR4 9FN

Publicity

Advertisement expiry
24 October 2024

Additional information

Documents
16

Site constraints

Checking the site
2/3
Council recordsAppealsFlood risk

Designations that overlap or adjoin the site outline.

  • Flood zone 1: Low probability (rivers and sea)

Not published by this council, so not checked: conservation areas, Article 4 directions and tree preservation orders. Ask the council if these matter.

Also checked, none recorded (21)

flood storage areas, listed buildings, green belt, scheduled monuments, World Heritage Sites, World Heritage Site buffer zones, registered parks and gardens, registered battlefields, Heritage at Risk entries, nutrient neutrality catchments, national parks, National Landscapes, SSSIs, Special Areas of Conservation, Special Protection Areas, Ramsar sites, ancient woodland, national nature reserves, local nature reserves, heritage coasts and brownfield registers.

A guide only, from official open data; it is not a planning search. Flood zones cover rivers and sea, not surface water.

Data © Crown copyright and others · sources and licences

Contains public sector information from planning.data.gov.uk (MHCLG and local planning authorities), licensed under the Open Government Licence v3.0. © Crown copyright and database right 2026.

© Historic England 2026. Contains Ordnance Survey data © Crown copyright and database right 2026. The Historic England GIS Data contained in this material was obtained on 2026-11-03. The most publicly available up to date Historic England GIS Data can be obtained from HistoricEngland.org.uk.

© Natural England copyright. Contains Ordnance Survey data © Crown copyright and database right 2026.

© Environment Agency copyright and/or database right 2026. All rights reserved. Flood Map for Planning, Open Government Licence v3.0.

Contains Ordnance Survey data © Crown copyright and database right 2026.

Source: Office for National Statistics licensed under the Open Government Licence v.3.0. Contains OS data © Crown copyright and database right 2026.

Source: Malvern Hills

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