Land At (Os 8186 5434) Claphill Lane Rushwick
Refused on 31 July 2026
Council decision: RefusalDelegated (officer decision)11 reasons for refusal
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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 across two separate Sites, comprising the erection of 105 dwellings on Parcel 1 and 7 Travelling Showpeople plots on Parcel 2, each with means of access, landscaping, open space, sustainable drainage and associated infrastructure.
- Received
- 22 December 2025
- Decision level
- Delegated (officer decision)
- Ward
- Alfrick, Leigh & Rushwick Ward
- ReceivedReceived22 Dec
- ValidatedValidated7 Jan
- Consult.Consultation23 Feb
- TargetTarget Date
- DecidedDecided31 Jul
Decided in 205 days (council typically 56)
About this application
This is a full planning application for a new dwelling at Land At (Os 8186 5434) Claphill Lane Rushwick. Malvern Hills has handled 1,246 applications of this type. This one was decided in 221 days, 24 weeks longer than Malvern Hills's typical decision time. The site is in a conservation area. There are no previous applications recorded at this address. In the past year there have been 63 applications across Alfrick, Leigh & Rushwick Ward.
90% of full 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
- Plot 1 lies outside of any defined development boundary within the open countryside, where development is strictly controlled under Policy SWDPR03 of the South Worcestershire Development Plan Review. The Council can currently demonstrate a 5 year supply of deliverable housing sites with 20% buffer. Consequently, the Council’s policies for the supply of housing are considered to be up-to- date and the ‘tilted balance’ is not engaged as per paragraph 11(d) of the Framework. The proposal does not fall within any of the exceptions set out under Policy SWDPR 03. The principle of housing in this location is therefore not supported by the Development Plan. Furthermore the development would not preserve the open character of the significant gap contrary to SWDPR08. Overall, it would not accord with the planned sustainable Spatial Development Strategy set out in Development Plan policy SWDPR01, SWDPR03, SWDPR08 and the aims and objectives of the NPPF.
- The proposed housing development fails to deliver a high quality designed scheme that responds to local character and site constraints in relation to issues such as landscape character and noise nuisance and would fail to create a high standard of amenity for future occupiers. In addition, insufficient information has been submitted to ensure that the proposal provides adequate Green Infrastructure, open Space and Outdoor Community Uses. As such the proposed development conflicts with Policies SWDPR03, SWDPR05, SWDPR07, SWDPR16H, SWDPR28, SWDPR34, SWDPR35 and SWDPR49 of the Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
- Insufficient information has been provided to demonstrate that safe and suitable access can be achieved for all users and that the proposal would not result in an unacceptable highway safety impact, contrary to South Worcestershire Development Plan Review Policies SWDPR 06 and SWDPR 28 and advice in the NPPF.
- The proposed surface water drainage strategy which proposes to connect the outfalls for both parcels of land to the WCC highways surface water sewer is unsustainable and lacks credibility and as such the proposed development would conflict with Policies SWDPR 38 and 39 of the Development Plan and the relevant aims and objectives of the National Planning Policy Framework
- The proposed development fails to provide an appropriate housing mix in that it provides a higher proportion of 2, 3 and 4+ units and fewer 1 and 2 bed flats and insufficient information has been provided to ensure that all dwellings meet the requirements of the Nationally Described Space Standard in conflict with South Worcestershire Development Plan Review Policy SWDPR 17. s and objectives of the National Planning Policy Framework.
- The application is supported by insufficient ecology information including mitigation measures for badgers and hedgehogs and risks unacceptable harm to protected and threatened species. The proposal thus conflicts with South Worcestershire Development Plan Review Policy SWDPR29 and guidance contained in the National Planning Policy Framework.
- The land comprises Best and Most Versatile Agricultural Land (BMVAL) and it has not been demonstrated that the proposed development cannot be reasonably accommodated on non-BMVAL and that the benefits of the development significantly outweigh the loss of BMVAL in conflict with South Worcestershire Development Plan Review Policy SWDPR16J and guidance contained in the National Planning Policy Framework.
- The application is not supported by an adequate geophysical survey and as such fails to adequately assess its archaeological potential in conflict with South Worcestershire Development Plan Review Policies SWDPR09 and SWDPR33 and fails to meet the minimum requirements of paragraph 207 of the NPPF.
- The proposed provision of 7 travelling showpeople plots on parcel 2 fails to accord with the requirements of adopted South Worcestershire Development Plan Review Policy SWDPR56A and insufficient justification has been provided for the proposed reduced number of travelling showpeople plots. In addition, the development would fail to create a high standard of amenity for future occupiers due to likely elevated external amenity noise levels from road traffic in conflict with adopted South Worcestershire Development Plan Review Policy SWDPR35 and the relevant aims and objectives of the National Planning Policy Framework
- The proposed development fails to provide an adequate Air Quality Assessment and would therefore present an unacceptable risk to health and wellbeing or future occupiers in conflict with South Worcestershire Development Plan Review Policy SWDPR35, Air Quality SPD (adopted June 2026) and the relevant aims and objectives of the National Planning Policy Framework.
- In the absence of a Section 106 legal agreement, there is no mechanism in place to secure the provision of and arrangements for a financial contribution towards: - affordable housing provision - Custom & Self Build Plots - public open space/GI - transport and infrastructure - Primary healthcare - Education As such, the proposed development does not meet the objectives of sustainable development and cannot be delivered with acceptable impacts on the community and the environment. Therefore, the application is contrary to adopted South Worcestershire Development Plan Review Policies SWDPR03, SWDPR06, SWDPR07, SWDPR10, SWDPR17, SWDPR19, SWDPR49 and SWDPR50 along with the Council's adopted Affordable Housing SPD, as well as guidance contained in the National Planning Policy Framework.
From the council's decision notice.
Application details
- Application type
- Full planning permission
- Scale / size
- Large
- Number of dwellings
- 105
- Parish
- Rushwick CP
Planning application dates
- Date validated
- 7 January 2026
- Consultation expiry
- 23 February 2026
- Consultation start
- 2 February 2026
- Consultation end
- 23 February 2026
Applicant and agent
- Agent address
- 9 Colmore Row Birmingham B3 2BJ
Publicity
- Advertisement expiry
- 12 February 2026
Additional information
- Documents
- 425
Site constraints
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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