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Planning FAQs

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Planning FAQs
Illustration of house construction

Welcome to our Planning Frequently Asked Questions (FAQs) page. These FAQs address some of the most common questions we receive, that will help you if you're considering an extension to your home, a new development project, or simply want to learn more about planning policies and procedures.


Submitting a Planning Application

Do I need planning permission for my development proposal

If you wish to seek pre application advice prior to submitting a formal planning application, we recommend using the advice and guidance tools provided within the following link - Pre-Application Advice

The Planning Portal Interactive House also provides advice and guidance for householder  projects - Interactive House - Planning Portal.

What is a Certificate of Lawfulness?

There are two types of Certificates of Lawfulness

  • Certificate of lawfulness for a proposed use or development

Certain alterations to your property may fall under permitted development, not requiring planning permission from the Local Planning Authority. Guidance on these types of projects can be found on the planning portal interactive house Explore the Interactive House.

Through this application type, you are seeking formal confirmation whether planning permission is not required for a use or development and works can be undertaken lawfully. A Certificate of Lawfulness Proposed is a formal and legal document, which is beneficial if you sell your property. 

  • Certificate of lawfulness for an existing use or development

This can be applied when works have already been undertaken. You might apply for this type of certificate if:

    • if you have extended your property without planning permission but would like formal confirmation that planning permission was not required as it was within the tolerances of permitted development.
    • if you extended your property over four years ago and would like confirmation that it is now exempt from enforcement action. In this instance, written confirmation in the form of
    • if a change of use has carried on continuously for a period of 10 years or more.
How do I submit a planning application

We encourage you to submit your application online via the Planning Portal  if you have appointed an architect or tree surgeon they will normally submit the application on your behalf. 

We also accept submissions via post or email, paper version application forms can be downloaded via the following link - Planning Portal.

What do I need to submit as part of my planning application?

Information on what you need to submit is available – Planning Application Guide

Alternatively contact the Councils Planning Support Team on  01386 565565 or email This email address is being protected from spambots. You need JavaScript enabled to view it..


I have submitted an application

My application is not live, what do I do?

Your application will go through a validation check prior to being made live on the website. If additional information is required, a Planning Support Officer will contact you or your agent directly outlining what is required to make your application valid.  

If you need additional support in terms of validation, please contact the Planning Support Team to find out if additional information is required to make your application valid – 01386 565565 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

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How can I view my planning application submission?

To view any application please visit the following link and enter the application number or location address, alternatively you can used the advanced search, weekly list or map format  - Quick Search.

Can I track a planning application? 

Yes, please search for the application reference using the following link Quick Search and click “Track This App”.

Complete your name and email address to receive alerts when new documentation is published to the online application file.

I’ve received my acknowledgement letter but haven’t received any further updates. 

Due to workload pressures, a Planning Officer will likely only make contact with you in the following circumstances -

    • to request additional information, clarification or amendments as necessary to attempt to advance the application positivity where there are no in principle or substantive issues with the proposals
    • to agree pre commencement conditions
    • if they are unable to determine the application by the target determination date.

It is suggested that you track your application online and review any comments or consultation responses. If you need to submit amended plans or additional information, please do so by emailing your allocated Planning Officer directly using the details provided on your acknowledgment letter.

In terms of decision timeframes, a householder or minor planning application has a statutory determination period of 8 weeks and major applications have 13 weeks. 

How is my application determined? 

The Planning Officer will assess the application. They will write a delegated report which includes a recommendation based on:  

  • Local Plan policies;
  • national planning policies and guidance;
  • planning history;
  • any potential detrimental impacts as a result of development e.g. unacceptable loss of light, privacy or outlook for neighbouring properties;
  • comments from technical consultees;
  • comments from the public (the public has 21 days to comment on planning applications)

Technical consultees may be appointed to comment on applications, for example County Highways, Historic England, Environment Agency, Severn Trent, etc. 

The Planning Officer can request additional information, amendments or changes to an application during the determination period, and they will likely contact your planning agent directly (if you have one).

Who decides my planning application?

In most cases applications are determined under delegated powers by the Planning Officer. However,  if there is significant conflict with the officers recommendation from the Parish Council or members of the public, or there is a conflict of interest with the applicant (i.e. the applicant is a Local Ward Member or Member of Staff) then these can be taken to Planning Committee through the Councils Scheme of Delegation.

Further information on the determination process, including the full Scheme of Delegation can be found on the following link - The Planning Design Process.

 

If planning permission is granted, what happens next?

In most cases, you will have three years to implement the permission. However, we strongly advise that you check any conditions attached to your decision notice and ensure you comply with them before commencing development.

What constitutes a material start?

A material start on site must commence before the expiry date of your planning application, which can be found on the decision notice.

As set out under Section 56 of the Town and Country Planning Act, a material operation would include -  

(a) any work of construction in the course of the erection of a building;

(aa) any work of demolition of a building;

(b) the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);

(d) any operation in the course of laying out or constructing a road or part of a road;

(e) any change in the use of any land which constitutes material development.

Can I amend my permission once granted?

If you wish to make changes to your planning application, please visit this webpage on amending your application prior or post decision -Amending your planning application.

If planning permission is refused, what can I do? 

The applicant has the right to appeal the council’s decision to the Secretary of State within 12 weeks for a householder proposal or 6 weeks in most other cases. This is detailed on the final page of the decision notice.

The Planning Inspectorate provide additional information on the appeals process via the following link - Find your local planning authority - Appeal a planning decision - GOV.UK


I have an interest in a planning application

How can I find planning applications in my local area?

You can search for planning applications on the Councils website, either through the planning search pages or my local area. This can be done by using the planning application number, address or by searching the area on a map.

Why haven’t I been sent a notification of a development? 

The Council must comply with the Neighbour Notification Code dated 2017, which can be viewed in full on the following weblink -  Malvern Neighbour Notification Code

This outlines that known occupiers of all adjacent properties sharing a common boundary to the application site curtilage will be issued with a notification letter.  All applications are also published on the weekly lists.

In some cases, site constraints may require the display of a site notice within the public domain near to the application site and a newspaper advertisements for a 21 day period.

How do I comment on a planning application? 

Please refer to the dedicated webpage on how to comment on a planning application - Commenting on a planning application.

Will my comment be published on the online application file and publicly available to view? 

The Councils policy is to publish representation on the website, to enable public viewing demonstrating openness and transparency. Personal details including telephone numbers, email addresses and signatures will be redacted prior to publication.

Please do not include any sensitive information (e.g. health or financial data) or any third party personal data within your comments. 

Please note if you are submitting your comment via the website, please do not include personal information within the body of your comment. Further information on how to comment on a planning application can be found via the following weblink - Commenting on a planning application

Can I appeal a planning permission granted to someone else?

There are no third-party rights of appeal through the planning system against a decision of a local planning authority. Therefore, if you have concerns about a planning application and permission is granted, you cannot appeal that decision. 

You can challenge the lawfulness of a decision via Judicial Review (Planning Court – GOV.UK). An application for Judicial Review of a decision must be made within six weeks of the decision.  

Leave to proceed with a Judicial Review will not be granted by the Court unless there is evidence that a legal mistake has been made. A  Judicial Review will not succeed if it is based solely on a difference of opinion. 


Other (based on duty feedback)

I want a Dropped kerb

Planning permission will be needed if the proposed access sits on a classified road.

Even if you do not need planning permission, you will still need permission from Ringway Infrastructure Services. They will also need to create your dropped kerb or pavement/verge crossing.

You can email them at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 01905 751651. 

You can also write to them at:

Ringway Infrastructure Services, Highways House,
Warndon Depot,
Pershore Lane, Warndon, 
Worcestershire,
WR4 0AA
 

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How do I obtain historic plans relating to a property

There are different ways in which you can obtain the planning history on a particular property or site. If you already know the planning application number or the full address for the property/site in question, it maybe useful for you to check on our Planning Search facility online to see if the information you need is already available.

Alternatively, you can search via the My Local Area webpage  My Local Area

If you can’t find what you are looking for, you can contact the Planning Department directly, and our team will be happy to assist you free of charge. To provide the documents you require, you must include the planning reference number and address in your request.

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Please note, we do not have information about the position of drains for homes in the district.

This information will be on the deeds to your property, held by your solicitor.

If you need water and sewage plans then contact the Mapping Team at Severn Trent on 0345 6016616. You will have to pay for this service

How do I find constraints relevant to a property i.e. permitted development rights, agricultural ties, conservation area, tree preservation orders etc? 

A lot of information relating to properties and the immediate surroundings is held on the Councils My Local Area web service. Please follow this link for further information on this service -  My Local Area

I need a copy of an agreement, where can I find them?

Section 33; Section 38; Section 50; Section 278

Worcestershire County Council Highways Department This email address is being protected from spambots. You need JavaScript enabled to view it. or 01905 844053

Section 40; Section 104

Severn Trent Developer Services

Section 106

For Wychavon Customers, you can usually obtain a copy of Section 106 agreements via My Local Area: My Local Area - Malvern Hills District Council

If you cannot find what you’re looking for or need a S106 for Malvern Customers, please email your request to This email address is being protected from spambots. You need JavaScript enabled to view it.

Section 52

Section 52 agreements can often be found via My Local Area. My Local Area - Malvern Hills District Council. If you cannot find what you’re looking for, please email your request to This email address is being protected from spambots. You need JavaScript enabled to view it.

I would like to find out who owns a tree 

The council do not hold records of the ownership of trees. If you believe the tree is owned by the council, please contact the parks and gardens team.

What is a tree is overhanging my property?

If you have concerns about vegetation overhanging the pavement (or a road) you will need to contact the Highway Authority. In Worcestershire, the Highway Authority are based at Worcestershire County Council. To report a provide please visit their website via the following link, Report a road or path issue | Worcestershire County Council and selecting ‘Overgrown or fallen tree or shrubbery’.

The height of a tree is restricting my view.

There is no legal mechanism at the councils disposal to restrict the height growth of deciduous trees and there is no legal right to a view. Please be aware that many trees are protected by either a conservation area or a tree preservation order, please bare this in mind before undertaking any works to trees as you may need to submit a tree works application.