Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Hearing held on 2 October 2024 Site visit made on 2 October 2024 by Mr W Johnson BA(Hons) DipTP DipUDR MRTPI an Inspector appointed by the Secretary of State Decision date: 20 November 2024 Appeal Ref: APP/J1860/W/24/3345062 Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Rupert Parkin of Hamelin Partnerships Limited against the decision of Malvern Hills District Council. • The application Ref is M/22/01073/FUL. • The development proposed is construction of 25 dwellings (100% affordable). This includes a mix of one, two, three and four bedroom properties and the construction of a new internal road, parking, SUDS infrastructure, and Green Infrastructure (including public open space). Decision 1. The appeal is allowed, and planning permission is granted for construction of 25 dwellings (100% affordable).

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision This includes a mix of one, two, three and four bedroom properties and the construction of a new internal road, parking, SUDS infrastructure, and Green Infrastructure (including public open space) at Land at Furrow Close, Upton upon Severn, WR8 0RT in accordance with the terms of the application, Ref M/22/01073/FUL, subject to the conditions in the attached schedule. Applications for costs 2. An application for costs was made by Hamelin Partnerships Limited against Malvern Hills District Council. This application is the subject of a separate Decision. Preliminary Matters 3. A signed planning obligation by way of Section 106 of the Town and Country Planning Act 1990 (the s.106) has been provided as part of the appeal, with the final counterpart versions dated 27 September 2024 submitted prior to the event. The s.106 includes all of the planning obligations sought by the Council and each of the 3no. counterparts list that each counterpart constitutes a duplicate original, but all the counterparts together constitute the one Deed. However, I return to the s.106 agreement later in my decision. 4.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision For clarity, Reasons for Refusal (RfR) no’s 1 and 2 on the Council’s decision notice are covered under the first main issue on this appeal. Furthermore, it has been confirmed in the Statement of Common Ground (SoCG) and verbally at the event that RfR no.5 on the Council’s decision notice has been https://www.gov.uk/planning-inspectorate

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision For clarity, Reasons for Refusal (RfR) no’s 1 and 2 on the Council’s decision notice are covered under the first main issue on this appeal. Furthermore, it has been confirmed in the Statement of Common Ground (SoCG) and verbally at the event that RfR no.5 on the Council’s decision notice has been https://www.gov.uk/planning-inspectorate

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 withdrawn. Main Issues 5. The main issues of this appeal are: • The effect on the character and appearance of the appeal site and surrounding area; • Whether the site would be in a suitable location with particular regard to access to local services/facilities; and, • Whether the proposed affordable housing mix is appropriate to meet the identified housing need. Reasons Background 6. Holly Green is designated as a Category 3 Village in the South Worcestershire Development Plan, 2016 (DP), a fourth-tier settlement (SWDP 2, Table 2) and is therefore suited to accommodate market and affordable housing needs of an appropriate scale. Nonetheless, the site lies outside the settlement in open countryside, where Part C of DP Policy SWDP 2 strictly controls development. The site is not allocated for housing under DP Policy SWDP 58. However, as the proposal is submitted as a 100% affordable housing scheme, it could be considered as a rural exception site under DP Policy SWDP 16, subject to criteria. 7. DP Policy SWDP 58 acknowledges that whilst Holly Green is a Category 3 Village, it has the potential to accommodate some of Upton upon Severn’s housing needs.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Additionally, it is agreed by the parties that the proposed development is ‘small scale’. Character and appearance 8. The appeal site currently comprises an agricultural field, which amounts to approximately 0.75 hectares in size. Whilst the site is located outside the built-up limits of Holly Green, it is adjacent to it. To the west is existing residential development at Furrow Close. The site has no specific landscape designation in the development plan. 9. DP Policy SWDP 2 makes it clear that development within the open countryside is only acceptable in very specific circumstances and DP Policy SWDP 25 seeks for development proposals and their associated landscaping schemes to demonstrate that they take into account the latest Landscape Character Assessment and its guidelines; they are appropriate to, and integrate with, the character of the landscape setting and they conserve, and where appropriate, enhance the primary characteristics defined in character assessments and important features, and have taken any available opportunity to enhance the landscape, amongst other things. 10.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision The landscape within the area has been subject to two separate landscape assessments, undertaken at a National and Local scale, these are: National Level: Landscape Character Assessment by Natural England – 106 Severn and Avon Vales, where the lower valleys of the rivers Severn and Avon dominate https://www.gov.uk/planning-inspectorate 2

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision The landscape within the area has been subject to two separate landscape assessments, undertaken at a National and Local scale, these are: National Level: Landscape Character Assessment by Natural England – 106 Severn and Avon Vales, where the lower valleys of the rivers Severn and Avon dominate https://www.gov.uk/planning-inspectorate 2

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 this low-lying open agricultural vale landscape made up of distinct and contrasting vales, and Worcestershire Landscape Character Assessment (2012) – Landscape Character Type (LCT): Settled farmlands on river terraces, respectively. This LCT is a medium scale, settled agricultural landscape where horticulture and cropping is the dominant land use, reflecting the fertile free draining soils. The settlement pattern is represented by scattered farms and clusters of wayside dwellings, linked by a matrix of winding lanes. Fields are bounded by hedgerows, with tree cover largely concentrated in groups associated with dwellings. 11. The appellant submitted a Landscape and Visual Impact Appraisal (LVIA) with the application, which I have had regard. The assessment was undertaken during July 2020 when trees and hedgerows were in full leaf. I also viewed the site from majority of locations identified in the LVIA and am satisfied that I saw everything I need to assess the impact of the development. 12.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision I note the comments of the Council’s Tree and Landscape Officer (the TLO), which included a variety of observations including the layout, a failure to incorporate arboricultural assets, earthworks, building materials and the sustainable urban drainage feature, amongst other things. The TLO commented on the LVIA in their latest response, querying why no emphasis has been put on bolstering the boundary hedges with supplemental hedgerow planting and trees. When considering the shape of the site and the need to ensure an appropriate density and other factors, such as the neighbouring development and good amenity for future residents, I consider a linear design to be a logical approach in this instance. 13. The TLO concludes that there will be an welcome intrusion into open countryside, which relates poorly to its surroundings and does not reflect the established built boundary (recent or established) contrary to the conclusion of the LVIA. Given that the LVIA appears to have been produced by a suitably qualified authority, which is not disputed by the council, I have given it significant weight. Additionally, little has been advanced to support the contrary view to those expressed in the LVIA.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Consequently, I am satisfied that the remaining concerns raised by the TLO could be adequately controlled by suitably worded planning conditions. 14. The appellant has brought to my attention that since the LVIA was produced a number of significant works have occurred in the locality. These works comprise, the construction of a large roundabout on the A38, which was previously a T-junction. This roundabout has been installed to improve safety at this junction and along the A4104. It will also serve the new Business Park that is planned to the east of the junction. The resultant effects on the character of the landscape, particularly through the associated planting, has assisted in changing the extent to which the site is seen, compared to when the LVIA was originally undertaken. Given the surrounding topography, features, such as trees/hedgerows and the existing development at Furrow Close serving as a backdrop, the proposed development would not adversely affect the wider landscape. 15.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Overall, I consider that the planting proposed within the scheme, in conjunction with the extensive planting that has taken place to screen the new highways work will ensure that the proposed development will blend in within its surroundings and ensure no harm to more localised views within the local https://www.gov.uk/planning-inspectorate 3

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Overall, I consider that the planting proposed within the scheme, in conjunction with the extensive planting that has taken place to screen the new highways work will ensure that the proposed development will blend in within its surroundings and ensure no harm to more localised views within the local https://www.gov.uk/planning-inspectorate 3

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 landscape. There is no doubt that erecting 25no. dwellings on this greenfield site would result in a change to its character and appearance, but overall, I do not find this change to be harmful. Whilst the development would extend beyond the built-up limits of Holly Green, I consider that the scheme would not harm the setting of Holly Green, given the proximity of the site to neighbouring development at Furrow Close. The growth of Holly Green as a result of the proposed development would be organic, relating well to the pattern of development in the existing settlement. 16. DP Policy SWDP 21 requires development to reflect the local vernacular, reinforce local distinctiveness and integrate and relate to it surroundings. It also seeks development to come forward with an appropriate layout, protect neighbouring amenity, be of appropriate scale, feature good connectivity, protect prominent views, consider the public realm and where necessary incorporate appropriate facilities and support the provision of safe communities.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision The Council has raised particular concerns regarding the extension of the scheme into the countryside, beyond the existing built-up limits and to the quality of the design. 17. It was established at the event that the neighbouring development at Furrow Close was a consideration in the design of the proposed development. Whilst the Council has referenced: ‘a wealth of older properties with traditional detailing as well as some well-designed modern developments’ in its submission, no examples have been provided. I find the residential development at Furrow Close to be an attractive modern housing scheme, which the appeal scheme would be similar to in its scale and design. This would result in a complimentary form of development. 18. For the reasons given above, the proposed development would not harm character and appearance. Consequently, the scheme accords with DP Policies SWDP 2, SWDP 21 and SWDP 25, which seek to safeguard the open countryside, be of high-quality design and integrate with the character of the landscape setting, amongst other things. Access to local services/facilities 19.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision It was agreed verbally at the event by the parties that Upton upon Severn would be the closest settlement where majority of the local services and facilities could be found. In its submission, the Council references distances from developments to bus stops in the Worcestershire County Council Streetscapes Design Guide, 2022 (the WCC guide). This document refers to a mean average walk distance for all properties within a development to scheduled bus stops of 400 metres (m) and to a distance of up to 800m will be considered where a high quality, direct and level route is provided1. 20. However, the WCC guide also states2 that walking is generally considered a viable travel choice up to 2000m (25 mins), where short journeys are required. Cycling also has the potential to substitute for short car trips, particularly those under 5km (25 mins) and to form part of a longer journey by public transport. It was agreed verbally by the Council at the event that majority of the facilities and services with Upton upon Severn were within these distances when taken from the appeal site. Although condition of the 1 5.2 Bus Routes, page 49 2 2.5 Principles of New Development, page 13 https://www.gov.uk/planning-inspectorate 4

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 route was referenced as an important consideration. 21. A number of issues were raised at the event surrounding the route from Holly Green to Upton upon Severn, along the A4104 where the view of the Council was that the route was steep with no dedicated cycle route, raising highways safety issues for both pedestrians and cyclists alike. However, whilst there is a footpath that extends the full extent of the route to Upton upon Severn, I recognise that it is on the opposite side of the A1404 to Ryall Road, thus requiring the A1404 to be crossed at some point. 22. Nonetheless, there is a refuge island located a short distance from Ryall Road on the A1404, which greatly enhances road safety, particularly with regard to crossing the A1404 as a pedestrian. I also noted the dedicated cycle lane, but this was beyond Ryall Court Lane on the east bound carriageway travelling towards the A38.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision I consider that the A1404 is relatively unconstrained, with good sight lines in both directions, where drivers, particularly in the area of the refuge island would be easily able to assimilate the carriageway conditions, when driving along this section of road, thus reducing the potential likelihood of vehicular/pedestrian conflict. 23. I accept that the route to Upton upon Severn from the site is not fully lit by street lights, including the section from Ryall Road along the A1404 to, and including the refuge island. However, most trips would likely occur during daylight hours and there is a lack of an objection from the Development Control Engineer, subject to conditions and contributions to be secured through a planning obligation. Whilst the route would be enhanced if it was fully lit by street lighting, I do not find the current conditions prejudicial to highway or pedestrian safety. 24. At the event, the appellant provided additional details of the local bus services3. The timetables of the 332 and 363 showed that the 332 operated by Astons Coaches, runs 3 buses a day Monday to Friday in both directions, which operate from mid-morning to mid-afternoon.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision The 332 also operates on a Saturday with an extended service of 5no. buses operating in both directions starting earlier in the morning and finishing later in the afternoon. The 363 operated by First Worcestershire does not operate on Saturday but provides 5no. buses a day in both directions that operate earlier in the morning and later in the day than the 332, albeit the last bus to Worcester starts from Hanley Castle High School. 25. Whilst acknowledging the limitations of the bus services in the locality, including that of the Community Bus too, I am also mindful that the National Planning Policy Framework (the Framework) recognises that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. Nonetheless, in this instance I have no doubt that alternative transport options exist. Given my own experiences driving/walking in the locality, I find that the site is within a safe and reasonable distance of a range of local services and facilities, with genuine opportunities to walk, cycle or utilise public transport. 26. For the reasons given above, I conclude that the proposed development is in a suitable location with particular regard to access to local services/facilities.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Consequently, the development would accord with the strategic aims of 3 No. 332 Hanley Castle to Worcester; No. 363 Ryall to Worcester and a Community Bus. https://www.gov.uk/planning-inspectorate 5

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Consequently, the development would accord with the strategic aims of 3 No. 332 Hanley Castle to Worcester; No. 363 Ryall to Worcester and a Community Bus. https://www.gov.uk/planning-inspectorate 5

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 DP Policy SWDP 2, which seeks to encourage development to be located in the most sustainable locations, well located to services and facilities, amongst other things. The scheme also accords with the requirements of the Framework. Affordable housing 27. The proposed development has been submitted as a Rural Exception Site under DP Policy SWDP 16. However, in addition to housing mix as identified on the decision notice, there is dispute between the parties surrounding compliance with this policy, in particular SWDP 16 A ii and iii. There is no disagreement that the proposed development amounts to a ‘small site’ and that there is currently no up to date Housing Needs Survey for the parish of Ripple carried out by the Council. 28. There is no doubt that there is a need for affordable housing in the district. Nonetheless, the extent of need is being queried by the Council in its submission. In its response dated 6 March 2023 the Council’s Housing Team confirmed that the ‘Housing For You’ data shows there are currently 67no. households with a local connection to the Parish of Ripple and the surrounding parishes/grouped parishes, albeit only 4no.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision households were registered with a local connection to the Parish of Ripple. This position was still evident at the time of the event. 29. However, the Council’s Housing Team notes that the ‘Housing For You’ data may be an under representation of those in housing need, particularly in relation to those with a local connection to the Parish of Ripple and with a local connection to the surrounding parishes/grouped parishes, as it is not currently possible to establish employment or close family links, due to limitations with the reporting system. Even so, during discussions at the event it was established that of the allocated sites listed under DP Policy SWDP 58, only SWDP58c remains, which could deliver up to 28no. affordable units. A planning application has been submitted for this site, but to date it has not been determined, where the Council at the event was unable to provide a timescale for its determination. 30. Additionally, I note reference by the Council to other allocated sites within the surrounding parishes which could provide the required affordable housing. However, very little detail has been provided in this regard and to the likelihood of such sites contribution in achieving the necessary targets.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Consequently, I am satisfied that the scheme complies with DP Policy SWDP 16 A. ii. Furthermore, it was agreed verbally by the Council at the event that the submission of the s.106 would ensure that the proposed development would comply with DP Policy SWDP 16 A. iii. 31. At the event it was established that the Council’s concern surrounding the mix of affordable units was with particular regard to tenure. Reference was made to the Council’s Affordable Housing Supplementary Planning Document, 2016 (the affordable housing SPD), which seeks a mix of 80% Social Rented and 20% Intermediate Housing4. In this instance, the appellant proposes 15no. dwellings to be delivered as Affordable Rent and 10no. dwellings as Shared Ownership. It is obvious from the responses received that the appellant has 4 Paragraph 3.29 of the affordable housing SPD https://www.gov.uk/planning-inspectorate 6

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 held discussions with the Council’s Housing Team, which resulted in their further response dated 28 September 2023. 32. This latest response from the Council’s Housing Team confirms that Housing Officers support the affordable housing tenure split and property types as proposed, which would be secured through the s.106. Whilst noting numerous comments from various parties suggesting that bungalows are required, the comments from the Council’s Housing Team are a material planning consideration of significant weight. I also note that the affordable housing SPD refers to the suggested tenure split as the starting point for negotiation, and that this document provides guidance. Also, I recognise that this element is not a requirement to satisfy DP Policy SWDP 16, as suggested. 33. For the reasons given above, I conclude that the proposed affordable housing mix is appropriate to meet an identified housing need. Consequently, the proposed development would comply with the requirements of DP Policy SWDP 16 as a rural exception site, which seeks to support affordable housing development on small sites beyond, but reasonably adjacent to development boundaries, amongst other things.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision The scheme also accords with the affordable housing SPD and the requirements of the Framework. Planning obligation 34. The parties have completed the s.106 in conjunction with Worcestershire County Council which includes a number of obligations to come into effect if planning permission is granted. I have considered these in light of the statutory tests contained in Regulation 122 of The Community Infrastructure Levy (CIL) Regulations 2010 and paragraphs 55 and 57 of the Framework. 35. The s.106 contains various provisions and is made up of 3no. counterparts. Nonetheless, I am satisfied that the counterpart s.106 has been correctly executed and is legally valid. The s.106 secures the affordable housing in accordance with the terms set out in the application, including the tenure split and property type. The s.106 also secures contributions towards school and community transport. 36. In view of the above, I consider the obligations set out in the s.106 are necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind. Therefore, they meet the tests within CIL Regulation 122 and those set out in paragraph 57 of the Framework.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision As such, I have taken them into account in reaching my decision. Other Matters 37. It is common ground between the parties that the Council cannot currently demonstrate an adequate supply of deliverable housing land. The appellant has provided information which shows that according to the latest Housing Land Supply Report published in April 2024, the supply stands at 3.47 years, which is below the Government’s target. 38. I have had regard to the number of objections received from local residents and others, as part of this appeal. I also note the views expressed by the local councillors and residents who attended the Hearing, expressing a wide range of concerns including, but not limited to the following: highway safety; ecology; drainage; school places; living conditions, amongst other things. https://www.gov.uk/planning-inspectorate 7

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Appeal Decision APP/J1860/W/24/3345062 However, I note that these matters were considered where relevant by the Council when it determined the planning application. Whilst I can understand the concerns of the interested parties, there is no compelling evidence before me that would lead me to come to a different conclusion to the Council on these matters. Conditions 39. I have considered what planning conditions would be appropriate in light of the discussions at the Hearing, making amendments and minor corrections, where necessary, to ensure clarity and compliance with the tests contained within Paragraph 56 of the Framework and the Planning Practice Guidance. In addition to conditions relating to the time limit for implementation, for reasons of certainty a condition requiring the development to be undertaken in accordance with approved plans/documents is necessary. 40.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Pre-commencement conditions for surface water drainage; renewable and/or low carbon energy generation measures; external materials, windows and doors; Construction Environmental Management Plan; landscaping/planting specification; schedule of maintenance for all open/public spaces; tree protection and compliance are all reasonable and necessary in the interest of the environment, character and appearance, living conditions, highway safety. As these pre-commencement conditions were listed within the signed SoCG, it was agreed verbally at the event that this demonstrates an acceptance by the appellant to them being imposed upon any resultant permission. 41. Pre-occupation conditions for access, parking and turning facilities; vehicle charging points; sheltered and secure cycle parking; Travel Welcome Pack; superfast broadband or alternatives and play area are all reasonable and necessary in the interest of highway safety, sustainable transport, high quality communications and healthy and safe communities.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — Appeal Decision Other conditions for foul and surface water; drainage; hours of construction/demolition works; lighting; Landscaping Welcome Pack and landscaping conformity are all reasonable and necessary in the interest of highways safety, the environment, living conditions and character and appearance. 42. A condition relating to Ultra-Low NOx boilers was originally suggested by the parties, but it was agreed verbally by the parties at the event that this suggested condition should no longer be imposed. Conclusion 43. It is a requirement for this appeal to be determined in accordance with the development plan unless material considerations indicate otherwise. Accordingly, whilst there is an obvious deficiency surrounding the Council’s Housing Land Supply position, which is acknowledged and agreed by the parties in their respective submissions and the SoCG, it is not determinative to this appeal. Thus, given my conclusions on the main issues, it has not been necessary for me to consider matters surrounding housing land supply. 44. For the reasons given above, I conclude that the appeal should be allowed.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson INSPECTOR https://www.gov.uk/planning-inspectorate 8

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/J1860/W/24/3345062 SCHEDULE OF CONDITIONS Time Limit 1) The development hereby permitted shall begin no later than 3 years from the date of this decision. Approved Drawings/Documents 2) The development hereby permitted shall be carried out in accordance with the following approved drawings: • Site Location Plan, Dwg No. 010 Rev. A, dated 7 July 2022; • Existing Site Plan, Dwg No. 019, dated 13 June 2022; • Proposed Site Layout, Dwg No. 20 Rev. S, dated 4 January 2023; • House Type A GA Plans, Dwg No. 30 Rev. E, dated 12 January 2023; • House Type A GA Elevations, Dwg No. 31 Rev. D, dated 30 November 2022; • House Type C2 GA Plans & Elevations, Dwg No. 32 Rev. C, dated • House Type C1 C3 GA Plans, Dwg No. 033 Rev. A, dated 25 April 2022; • House Type D5 GA Plans & Elevations, Dwg No. 035 Rev. A, dated 25 April 2022; • House Type F F1 GA Plans, Dwg No. 036 Rev. E, dated 16 January 2023; • House Type F F1 GA Elevations, Dwg No. 037 Rev. D, dated 26 May 202; • General Arrangement, ref. 22003-IYL-8050-XX-DR-L-2100 Rev. P03, dated 10 January 2023; • Planting Strategy, ref. 22003-IYL-8450-XX-DR-L-4100 Rev.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson P03, dated January 2023; • Archaeological Desk Based Assessment, version V.1.0, dated 18 May 2020; • Built Heritage Assessment, version 1, dated 18 May 2020; • Landscape and Visual Impact Assessment, received 23 August 2022; • Planning and Housing Needs Statement, dated July 2022; • Design and Access Statement, dated 5 July 2022; • Energy Statement, received 23 August 2022; • Preliminary Ecological Appraisal, ref. 1950, dated May 2020; • Geotechnical Assessment, ref. S1676, dated April 2020; • Environmental Report, received 15 July 2022; • Borehole Logs, received 15 July 2022; • Written Scheme of Investigation & Risk Assessment Method Statements for Geophysical Survey, dated 16 November 2022; • Geophysical Survey Report, ref. 10863, dated 1 December 2022; • SuDS Drainage Strategy, ref. HGN-BML-ERD-ZZ-RP-C-0500, dated 24 January 2023; • SuDS Drainage Proposals Appendix D, dated May 2020; • SuDS Hydraulic Calculations for existing drainage, Appendix E, dated 6 May 2020; • FloodFlow Analysis 1000 year +0%CC 15 Minute winter storm event, ref. HGN-BML-ERD-ZZ-DR-C-0520 Rev. P03, dated 17 February 2023; • Proposed Catchment Areas, ref. HGN-BML-ERD-ZZ-DR-C-0521 Rev. P03, dated 17 February 2023; • External Surfaces, ref.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson HGN-BML-ERD-ZZ-DR-C-0700 Rev. P07, dated 18 January 2023; • Arboricultural Report, dated 29 September 2022; https://www.gov.uk/planning-inspectorate 9

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson HGN-BML-ERD-ZZ-DR-C-0700 Rev. P07, dated 18 January 2023; • Arboricultural Report, dated 29 September 2022; https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/J1860/W/24/3345062 • Operation and Maintenance Manual, ref. HGN-BML-ERD-ZZ-RP-C-0501 Rev. P04, dated 24 January 2023; • Drainage Details Sheet 1 of 4, ref. HGN-BML-ERD-ZZ-DR-C-0502 Rev. P01, dated May 2020; • Drainage Details Sheet 2 of 4, ref. HGN-BML-ERD-ZZ-DR-C-0503 Rev. P01, dated May 2020; • Drainage Details Sheet 3 of 4, ref. HGN-BML-ERD-ZZ-DR-C-0504 Rev. P02, dated 18 April 2023; • Drainage Details Sheet 4 of 4, ref. HGN-BML-ERD-ZZ-DR-C-0505 Rev. P04, dated 10 May 2023; • Earthworks Sheet 1 of 3, ref. HGN-BML-XX-XX-DR-C-0600 Rev. P01, dated 17 February 2023; • Earthworks Sheet 2 of 3, ref. HGN-BML-XX-XX-DR-C-0601 Rev. P01, dated 17 February 2023; • Earthworks Sheet 3 of 3, ref. HGN-BML-XX-XX-DR-C-0602 Rev. P01, dated 17 February 2023; • External Surfaces, ref. HGN-BML-ERD-ZZ-DR-C-0700 Rev. P07, dated 17 February 2023; • Transport Statement, ref. DN/RT/22127-01c, dated 28 April 2023; • Transport Technical Note, dated 2 May 2023.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Prior to commencement 3) Prior to the commencement of the development, details of the proposed route, attenuation basin and point of discharge for the restricted surface water discharge from the site have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be completed in full before any dwelling hereby approved is first occupied and shall be maintained in full working order for the lifetime of the development. 4) Prior to the commencement of the development, details of renewable and/or low carbon energy generation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures shall contribute to at least 10% of the predicted energy requirements of each dwelling. The details to be submitted shall include:- the overall predicted energy requirements of the approved development and each dwelling; - the predicted energy generation from the proposed renewable/low carbon energy measures; - The location of the proposed equipment along with any technical assessments considered necessary to support the location proposed; and - an implementation timetable for the proposed measures.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson The development shall then be carried out in accordance with the approved details and implemented prior to the occupation of the hereby approved dwellings. 5) Prior to the commencement of the development above ground level, samples of the materials to be used in walls and the roofs of the development hereby approved, shall be submitted to and approved in writing by the Local Planning Authority. Once approved, the development shall be carried out in full and strict accordance with those approved details. 6) Prior to the commencement of the development above ground level, details of the type, colour, design and material of any windows and doors to be incorporated into the development hereby approved, shall be submitted to and approved in writing by the Local Planning Authority. Once approved, the https://www.gov.uk/planning-inspectorate 10

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Appeal Decision APP/J1860/W/24/3345062 development shall be carried out in full and strict accordance with the approved details. 7) Prior to the commencement of the development, a Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include but not be limited to the following: • Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway; • Details of site operative parking areas, material storage areas and the location of site operatives’ facilities offices and toilets as well as any other proposed facilities; • The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring; • Details of any temporary construction accesses and their reinstatement proposals; • Measures to ensure that noise, dust and vibration are appropriately mitigated; • Detailed measures to demonstrate that appropriate pollution controls are in place to prevent any spillages spreading onto adjacent land and watercourses. The measures set out in the approved Plan shall be carried out and complied with in full during the construction of the development hereby approved.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations as submitted and approved. 8) Prior to the commencement of development, a scheme of soft and hard landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include a plan detailing the disposition of planting, cross referenced to a schedule listing the species, size at time of planting, number of plants proposed or proposed planting density. The approved scheme shall be carried out in accordance with a timetable submitted to and agreed in writing by the Local Planning Authority. The landscaping scheme submitted shall also demonstrate how the development has achieved the required Green Infrastructure levels in accordance with the Local Plan.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson If within a period of five years from the date of the planting of any tree, shrub or hedging plant planted pursuant to this condition that tree, shrub or hedging plant, or any tree, shrub or hedging plant planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, poorly established or moribund, another tree, shrub or hedging plant of the same species and size as that originally planted shall be planted at the same place. The landscaping scheme shall also include locations for public bins and seating areas as well as the type of bins and seats to be provided. These features shall be installed prior to the hereby approved development is constructed in full and in full accordance with the details approved by the Local Planning Authority. Details of all boundary treatments including any fencing to be erected on site shall also be provided. Those details shall include the height, type and https://www.gov.uk/planning-inspectorate 11

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Appeal Decision APP/J1860/W/24/3345062 materials to be utilised in the construction of that fencing and no fencing shall deny the ability for landscaping maintenance to be carried out. Details of the maintenance of the proposed fencing shall also be submitted as well as details as to how old and failing fencing will be replaced with a like for like replacement. Finally, details of an onsite meeting shall be proposed and take place between the applicant, their chosen landscape contractor and the council’s tree and landscape officer. This meeting shall be carried out prior to any works are carried out on site, including site clearance. 9) Prior to the commencement of development, a written planting specification shall be submitted to and approved in writing by the Local Planning Authority. This shall include preparatory groundworks, plant handling. and all other operations associated with successful tree, plant, and grass establishment and be in accordance with. BS 4428 (1989) - Code of practice for general landscape operations and BS 8545 (2014) - Trees from nursery to independence in the landscape - recommendations. Once approved the development shall be carried out in full accordance with the approved details.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson 10) Prior to the commencement of development, a written schedule of maintenance for all open/public spaces, shall be submitted to and approved in writing by the Local Planning Authority. The approved maintenance schedule shall be carried out for a period of 5 years after planting. 11) Prior to the commencement of development, details of tree and hedgerow protection measures (tree protection plan) shall be provided to the local planning authority. Tree protection measure should be in accordance with BS 5837:2012 (Trees in Relation to Design, Demolition and Construction). Before development of any type commences, including site clearance, demolition, materials delivery, vehicular movement and erection of site huts, the approved tree protection measures will be implemented. The approved tree protection measures shall remain in place until the completion of development. 12) Prior to the commencement of development and once the approved tree and hedgerow protection measures have been implemented, a letter of compliance, prepared by a suitably qualified arboricultural consultant, shall be submitted to the local planning authority confirming that the measures are in place as approved by Condition 11 of this permission.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Compliance will be assessed and a site visit arranged between the Local Planning Authority and developer to verify the installation of the approved tree protection measures prior to any works, including site clearance, are carried out. Once confirmed, the Local Planning Authority will provide formal written confirmation that the measures as approved have been implemented appropriately. Prior to occupation 13) The Development hereby approved shall not be first occupied or brought into use until the access, parking and turning facilities have been provided as shown on drawing ref: 2015-20 Rev S. https://www.gov.uk/planning-inspectorate 12

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Compliance will be assessed and a site visit arranged between the Local Planning Authority and developer to verify the installation of the approved tree protection measures prior to any works, including site clearance, are carried out. Once confirmed, the Local Planning Authority will provide formal written confirmation that the measures as approved have been implemented appropriately. Prior to occupation 13) The Development hereby approved shall not be first occupied or brought into use until the access, parking and turning facilities have been provided as shown on drawing ref: 2015-20 Rev S. https://www.gov.uk/planning-inspectorate 12

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Appeal Decision APP/J1860/W/24/3345062 14) The Development hereby approved shall not be first occupied or brought into use until the proposed dwellings have been fitted with an electric vehicle charging point. The charging points shall comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851 and the Worcestershire County Council Streetscape Design Guide. The electric vehicle charging points shall be retained for the lifetime of the development unless they need to be replaced in which case the replacement charging point(s) shall be of the same specification or a higher specification in terms of charging performance. 15) The Development hereby permitted shall not be first occupied or brought into use until sheltered and secure cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson 16) The Development hereby permitted shall not be first occupied or brought into use until the applicant has submitted to and had approval in writing from the Local Planning Authority for a residential Travel Welcome Pack promoting sustainable forms of access to the development. The pack shall be provided to each resident at the point of occupation. 17) The Development hereby permitted shall not be first occupied or brought into use until details of superfast broadband facilities or alternative solutions to serve the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority. The submitted details shall include an implementation programme. The facilities shall be provided in accordance with the approved details and no dwelling shall be occupied until those superfast broadband facilities have been installed. 18) The Development hereby permitted shall not be first occupied or brought into use until details of a play area shall be submitted to the Local Planning Authority for approval. The details submitted shall ensure that the play equipment provided includes a minimum of nine play experiences within the defined play area.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson The details submitted shall also provide a timetable for the erection of the play equipment on site and its ongoing maintenance including the mechanism that will be utilised to replace any failing piece of equipment with a like for like replacement. Once approved and installed, the play area shall be maintained in good working and visual order to ensure it remains available for use for the lifetime of the development. Other 19) Foul and surface water shall be drained on separate systems at all times for the duration of the development. 20) No demolition or construction works shall take place outside the hours of: 08:30-18:00 Monday to Friday; 09:00-13:00 Saturday; and no activity on Sundays or Bank or Public Holidays. 21) Prior to their installation on site, any temporary lighting details shall be submitted to the Local Planning Authority for written approval. The details submitted should include the location, lux levels, hours of use and light spill https://www.gov.uk/planning-inspectorate 13

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Appeal Decision APP/J1860/W/24/3345062 mitigation measures for any lighting that is deemed to require it when operated upon site. Once approved, those details shall be adhered to throughout the duration of their retention on site. 22) Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public or adjacent highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway. 23) The residents who first occupy each dwelling, shall be provided with a Landscaping Welcome Pack (LWP). The LWP shall incorporate a plan showing the public landscaped areas, the approved landscaping plan and summarise the approved landscaping maintenance schedule. The LWP shall set out the details of the organisation responsible for the maintenance and their contact details. A copy of the LWP will be sent to the Local Planning Authority.

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson 24) Within three months following completion of the approved landscaping (excluding private garden spaces), a statement of conformity, prepared by a qualified landscape architect, shall be sent to the Local Planning Authority to confirm the landscaping scheme has been successfully implemented and approved planting specification. The statement of conformity shall be submitted on an annual basis for a period of five years. **End of Conditions** https://www.gov.uk/planning-inspectorate 14

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson 24) Within three months following completion of the approved landscaping (excluding private garden spaces), a statement of conformity, prepared by a qualified landscape architect, shall be sent to the Local Planning Authority to confirm the landscaping scheme has been successfully implemented and approved planting specification. The statement of conformity shall be submitted on an annual basis for a period of five years. **End of Conditions** https://www.gov.uk/planning-inspectorate 14

Land at Furrow Close, Holy Green, Upton Upon Severn, Worcestershire, WR8 0RT — Malvern Hills District Council — W Johnson Appeal Decision APP/J1860/W/24/3345062 APPEARANCES FOR THE APPELLANT: Daniel Henderson of Counsel Instructed by John Williams of Plan IT Planning and Development Ltd He called: John Williams BA (Hons) MRTPI Managing Director of Plan IT Planning and Development Ltd Dan Stiff BA (Hons) M.Arch Director of Boughton Butler Ltd Sue Illman BA (Hons) PPLI HonFSE Managing Director of Illman Young HonFellow (UoG) Landscape Design Ltd Matthew Hunt BSc (Hons) Housing Executive at WP Housing FOR THE LOCAL PLANNING AUTHORITY: Anna Priestley-Clarke, BA (Hons) DipTP Principal Planning Officer at Malvern Hills District Council INTERESTED PARTIES: Cllr Jeremy Owenson Malvern Hills District Council Cllr Martin Allen Malvern Hills District Council Cllr Mark Peters Ripple Parish Council Andrew Tate Local Resident Chris Haseley Local Resident Carol Haseley Local Resident HEARING DOCUMENTS • Bus timetable for the 363 • Bus timetable for the 332 • Details of the Community Bus (CB2) https://www.gov.uk/planning-inspectorate 15