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Planning

Personal Search and CON29

IMPORTANT NOTE: Notice of transfer of Local Land Charges Register (LLC1) to HMLR

From 31st December 2022 Malvern Hills will no longer provide a Local Land Charges Register (LLC1) search service, for either official or personal searches.

To facilitate the above, and allow time for staff to update systems, etc., we will be removing the LLC1 data currently available on the personal search portal from 3pm on Friday 30th December 2022. We will however continue to provide Con29 data for both official and personal searches.

Personal Search and CON29

From 31st December 2022 Malvern Hills will no longer hold the Local Land Charges Register (LLC1), after this date our LLC1 will have migrated to HM Land Registry’s national register, for more information visit GOV.UK. After 31st December 2022 LLC1 personal searches will only be available via HM Land Registry’s new digital service through Portal, Business Gateway and on GOV.UK pages.

Malvern Hills District Council will continue to provides unrestricted inspection of the CON 29 data, originating from the local authority, on our Local Land Charges portal, which is freely available via our online maps.

Please note that this portal will only show data that is held by Malvern Hills District Council and for any other replies you will still need to contact: South Worcestershire Building Control, Worcestershire County Council Highways Department and Severn Trent Water Authority for replies to Building Regulations, highways, water, etc.

Requests to inspect any other environmental data which is not on our online maps will be dealt with separately and in accordance with the Environmental Information Regulations (‘EIR’), i.e. inspection will be permitted unless it is reasonable to provide access in an alternative format.

As and when arrangements for accessing data are altered we shall publish this on our website. Please note that it is not necessarily the case that if an official search can be provided with 2 working days, then any request for access to the same data must be provided within 2 working days. The timescales by which access can be provided under a personal search will depend on the data requested and the manner in which it is to be accessed (i.e. inspection or copies).

It is permissible to make notes when inspecting environmental data in situ.

The EIR permit a reasonable charge to be made for the supply of environmental information. Therefore, if you request copies of entries on the LLC register or other environmental data by way of letter, these will be supplied and charged for in accordance with the EIR, i.e. the charges will not exceed an amount which the authority is satisfied is a reasonable amount [Regulation 8(3)]. 

Submission of Searches

IMPORTANT NOTE: Notice of transfer of Local Land Charges Register (LLC1) to HMLR

From 31st December 2022 Malvern Hills will no longer provide a Local Land Charges Register (LLC1) search service. After this date our LLC1 will have migrated to HM Land Registry’s national register, which is due to go live on 12 January 2023, for more information visit GOV.UK.

From 31st December 2022 the LLC1 searches will only be available via HM Land Registry’s new digital service through Portal, Business Gateway and on GOV.UK pages.

Malvern Hills will however continue to provide replies to Con29 enquiries. It is important to remember to only submit the required fee of £140.34 when submitting a CON29 enquiry to us after 31st December 2022.

To facilitate the above, and allow time for staff to update systems, etc., we will not be able to accept any searches that include an LLC1 request after 3pm on Friday 30th December 2022.

Option 1: Web Submission

Submit and review your searches online via LLCSearches.co.uk:

Register for Searches

Payments can be made via BACS: For regular customers we are able to accept payment via BACS. If you wish to pay by BACS please email This email address is being protected from spambots. You need JavaScript enabled to view it. for details.

Debit/Credit Card Payments: To make payment by debit/credit card please ring 01684 862269 or 01684 862147 and have all the details ready.

Option 2: Online Requests

  • You can carry out your search electronically via the web using the National Land Information System (NLIS) Hub. Malvern Hills is signed up to level 3 and can receive and return search requests online.
  • Details of the search fees are available when you register with the NLIS website.

For more information visit:

Option 3: By Post

To ensure there are no unnecessary delays when a search is submitted, you or your Solicitor need to supply the following:

  • Correctly completed search forms.
  • One copy of an OS plan, the boundary of the property to be searched outlined in red.
  • One copy of any Additional Questions [if applicable].
  • Correct fee - cheques should be made payable to Malvern Hills District Council or payment can be taken over the phone on 01684 862269. (Please note: Malvern Hills Land Charges does not accept client cheques) 
  • For administrative reasons incomplete or incorrect searches will be returned the same day.

Searches should be sent to:

Local Land Charges
Civic Centre
Queen Elizabeth Drive
Pershore
WR10 1PT

Authorities' Monitoring Reports

The purpose of Authorities' Monitoring Reports (AMRs), is to report progress on the local plan against the timetable and milestones set out in the Local Development Scheme (LDS), and to assess the extent to which planning policies are being implemented.

The AMR assesses whether policies are achieving their objectives and whether sustainable development is being delivered; if policies have had their intended consequences; whether policy assumptions and objectives behind policies are still relevant; and if targets set in the plan are being achieved.

Changes to the Monitoring Process

The Council previously had a duty to produce and submit Annual Monitoring Reports to the Government.

The Localism Act removed the requirement for local planning authorities to produce an annual monitoring report for Government, while retaining the overall duty to monitor.

On 30th March 2011 government guidance on local plan monitoring was withdrawn.

Certain aspect of monitoring remain legislative requirements whilst others can be determined locally and through the development of local plans.

From the 2011/12 edition, AMRs will be termed 'Authorities' Monitoring Reports'.

The 2010 edition was the first joint Annual Monitoring Report (AMR) prepared for South Worcestershire by the constituent local planning authorities of Malvern Hills District, Worcester City and Wychavon District Council.

Whilst the three South Worcestershire authorities will continue to undertake a joint monitoring approach (see the South Worcestershire Development Plan website for further joint monitoring information), separate AMRs were produced for the 2010/11 monitoring period.

Authority Monitoring Reports cover the period 1st April  - 31st March of each monitoring year.

Malvern Hills District monitoring reports since 2004/05 can be downloaded by following the links below:

Information relating to the monitoring of Housing Land and Employment Land Monitoring is also available.

 

Neighbourhood Planning

The Localism Act 2011 introduced a new element to the planning system for England in the form of Neighbourhood Planning. Neighbourhood Planning sits within the strategic focus of the South Worcestershire Development Plan. Neighbourhood Planning allows a partnership of communities including businesses, residents and interested parties to develop policies that, subject to an independent examination and community referendum, will become part of the planning framework for land uses in their local area.

The map below shows current progress on Neighbourhood Planning within Malvern Hills:

Neighbourhood Planning Progress in Malvern Hills (Updated July 2024) 

Latest Neighbourhood Planning News

Hanley Castle Neighbourhood Plan 

**Please note this consulation has now closed**

Under Regulation 15 of the Neighbourhood Planning (General) Regulations 2012 Hanley Castle Parish Council has submitted the draft Hanley Castle Neighbourhood Plan (Review) to Malvern Hills District Council. In accordance with Regulation 16, the District Council would like to invite comments from organisations and individuals on the draft Neighbourhood Plan from Monday 8 July to 23:59 on Monday 19 August 2024.

To find out more information, please visit the Hanley Castle Webpage 
 

Hallow Neighbourhood Plan (Review) 

Following the Examiner's Report, received on the 28 May 2024, Hallow Parish Council have taken the decision to withdraw the Hallow Neighbourhood Plan (Review). A Parish council may withdraw their plan at any time before the local planning authority (Malvern Hills District Council), as the relevant body issues a Decision document following teh examination of a neighbourhood plan. 

MHDC accepts Hallow Parish Council's decision to withdraw the Neighbourhood Plan (Review). 

The Hallow Neighbourhood Plan (Review) will not be proceeding to Referendum at this time. 

For more information, please visit the Hallow Webpage

 

Welland - Following a positive referendum on 7th March 2024 the Welland Neighbourhood Plan has now become part of the statutory development plan. The making of the Neighbourhood Plan will be formally considered by the Council on 9th April 2024.

At its meeting on 9 April 2024, Malvern Hills District Council "made" (adopted) the Welland Neighbourhood Plan so that it is part of the statutory Development Plan for Malvern Hills District, sitting alongside the South Worcestershire Development Plan and other material considerations in determining planning applications in the parish of Welland.

 

Made (adopted) Neighbourhood Plans

Neighbourhood Plans at Referendum stage

Welland Neighbourhood Plan - The Referendum will be held on Thursday, 7 March 2024. [link to webpage]

Neighbourhood Plans at Examination stage

Hallow Neighbourhood Plan Review - Andrew Ashcroft has been appointed to examine the Hallow Neighbourhood Plan Review. [link to webpage]

Submitted Neighbourhood Plans

  • Hallow Neighbourhood Plan Review was submitted to Malvern Hills District Council in September and the Regulation 16 Consultation took place between Friday 22 September - Friday 10 November 2023.

Draft Neighbourhood Plans

Designated Neighbourhood Areas

Please note that once a draft Neighbourhood Plan consultation gets underway, the link is removed from the Designated Neighbourhood Areas section and moved through the stages.

  • Alfrick and Lulsley - Neighbourhood Area designated on 24 September 2013
  • Eldersfield - Neighbourhood Area designated on 19 September 2019
  • Great Witley and Hillhampton - Neighbourhood Area designated on 24 December 2014
  • Malvern Wells - Neighbourhood Area designated on 10 March 2017
  • Powick – Neighbourhood Area designated on 16 June 2020
  • Rushwick – Neighbourhood Area designated on 17 August 2018
  • Tenbury Town and Burford - Neighbourhood Area designated on 17 March 2016
  • Upton upon Severn - Neighbourhood Area designated on 5 March 2015

Useful Neighbourhood Planning Information

Malvern Hills Neighbourhood Planning Guide

We have produced a guide to developing a Neighbourhood Plan which details the stages of the Neighbourhood Plan process and the support available to Parish/Town Councils who wish to develop a Neighbourhood Plan.

pdf Guide to Developing a Neighbourhood Plan (226 KB)

SWDP Strategic Policies for the purpose of Neighbourhood Planning

One of the basic conditions that a draft Neighbourhood Plan must meet if it is to proceed to referendum is that it is in general conformity with strategic policies in the development plan. We have prepared a list of the Strategic Policies in the South Worcestershire Development Plan for the purposes of neighbourhood planning.

pdf SWDP Strategic Policies for the purposes of Neighbourhood Planning (258 KB)

Funding available for Neighbourhood Planning

An initial grant of £10,000 is available for all Neighbourhood Plan groups to support the preparation of a Neighbourhood Plan, with a further £8,000 available to groups with more complex issues (including allocating housing and preparation of design codes). This money must be applied for directly by the Neighbourhood Plan group, Parish Council or Town Council. Further information can be found on the Locality website.

Groups may also wish to apply for a Big Lottery Fund Awards for All grant of between £300 and £10,000, which must be spent on activities that benefit the community, including hosting an event, purchasing equipment, running training courses and professional fees.

Further information and support for Neighbourhood Planning

Planning Aid provides free, independent and professional planning advice to communities and individuals who cannot afford to pay professional fees. Through funding from Communities and Local Government, the organisation has set up a useful website for people to share their experiences around ‘Neighbourhood Planning'. Our Neighbourhood Planning website includes a forum to support people and communities who are using new powers under the Localism Act 2011 to create neighbourhood plans. The website has forums and discussion groups about preparing a neighbourhood plan, provides opportunity to learn about what is happening in other areas, how to liaise with local planning authorities and advice on community engagement. There are also useful resources and information about neighbourhood planning events in England.

Rural Services Network and Know My Area can help in the collation of evidence for the preparation of a Neighbourhood Plan.

If you would like further advice or support in the preparation of your Neighbourhood Plan please contact the Policy Team by email This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone using 01684 862 370.

Malvern Hills District Self-Build and Custom Housebuilding Register

A register to help us identify the level of demand for self/custom housebuilding plots in Malvern Hills District. 

What is Self-build and Custom Housebuilding?

The terms ‘Self-Build’ and ‘Custom Build’ are used to describe situations where individuals or groups are involved in creating their own home. The amount of personal involvement will vary. Self-Build projects are where an individual directly organises and commissions the design and construction of their new home. Custom Build homes are where a developer co-ordinates the whole process for the person/people involved.  

What is self-build housing?

Where you organise and design the construction of your own home. You then need to choose how, listed below are some of the options available to you:

  • self-build one-off home: you manage the design and construction process and are physically involved in part or all of the construction of your home
  • contractor built one-off home: you manage the design process and appoint a contractor to build the home to your specification
  • kit home: you select your preferred kit home and possibly establish the foundations. The kit home company then erects the home
  • independent community collaboration: you work with others to acquire a site to split into plots then organize the design and construction of your own home
  • supported community self-build group: a social landlord or the Community Self-Build Agency helps you build a group of homes together.

What is Custom Build housing?

Where you work with a specialist developer to deliver your own home. There are also different options available with this method as follows:

  • developer built one-off home: a developer builds a single home that the self builder completes
  • developer led group project: a developer will organise a group and builds the homes that the self builder completes

Self-build and Custom Housebuilding Register

Apply for entry on the Self-Build and Custom Housebuilding Register

Local Eligibility

Local eligibility criteria was one of the areas that the Government introduced when it issued the Self-build and Custom Housebuilding Regulations 2016 which came into force on 31 Oct 2016. This was possibly because the initial regulations did not prevent individuals or groups from applying to be registered on 2 ,3 or even more registers in different local authority areas. The lack of local eligibility criteria could therefore inflate the demand for self-build for most, if not all, local authority areas.

Malvern Hills is a predominantly rural area with policies directing development to the more sustainable locations and generally protecting areas beyond allocations or the development boundaries of settlements unless allowed for by exception policies. To protect the area from unnecessary development the council considered that a more accurate picture of demand for self-build should be ascertained. To achieve this, the local eligibility criteria was introduced to ensure that the needs of those with a local connection to the area (i.e. those on Part 1 of the Self Build Register) were taken into account in the determination of any planning applications for self-build. The Malvern Hills Self Build Register is therefore in 2 parts – Part 1 for those who can demonstrate a local connection to Malvern Hills and Part 2 for those who cannot. The local connection must be demonstrated for at least 3 years prior to the application to join the Self-Build Register. Further details of how the local connection can be demonstrated are included in the application process.

In accordance with Planning Practice Guidance Self-build and custom housebuilding - GOV.UK (www.gov.uk)(opens in a new window), the local connection test does not apply to those currently serving in the armed forces or to recent veterans of the armed forces, i.e. those who left the armed forces in or since 2017.

Determining Applications for Entry on the Register

We have 28 days to confirm in writing whether the application is eligible for entry in the register and to make the entry on to the register.  Where we believe the applicant is not eligible for entry in the register we must notify the applicant and give reasons.

Notification must be sent to

  • the individual or

  • In the case of an association, the lead contact or such other person as the authority considers to be acting on behalf of the association.

Requests to be Removed from the Register

We must remove your details from the register within 28 days of receiving a written request to do so from either an individual or the lead contact of an organisation. 

Malvern Hills District Council may remove an entry from the register if the authority considers that the individual (or in the case of an association, any member of the association) is no longer eligible for entry in the register; and, within 28 days of the decision, will notify the registered individual or the lead contact for an organisation giving reasons. 

What happens to your information?

This Register will provide an indication of the demand for self-build and custom housebuilding in Malvern Hills District and will help us inform the development of planning / housing policy.

At this stage, you are not making any commitment – we are just trying to find out how much local demand there is for self-build housing and custom-build housing.

The register will not be a public document, but headline information will be published annually in monitoring reports, for example, the number of plots and type of houses required.

Your e-mail address, where provided, will be used by the Council to provide you with a weekly list of planning applications determined by Malvern Hills District Council and appeal decisions.  This is to enable you to identify planning permissions which have been granted for sites which might be appropriate for self-build.  From time to time we receive information relating to self-build schemes and products which might be of interest to those on our register; this will also be passed on by e-mail where appropriate.

We will not pass identifiable information from the Register onto anyone outside the Council without your written consent.

Progress Reports

Malvern Hills Self-Build and Custom Housebuilding Register - Progress Report (November 2023) - Updated April 2024

Further Information

Please refer to the Self Build Portal for further information on self-build and custom housebuilding. 

Please Note: The online portal for the Malvern Hills Self Build Register is hosted in conjunction with Worcester City Council and Wychavon District Council.

Malvern Hills 2015 - by Jan Sedlacek
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Malvern Hills 2015 - by Jan Sedlacek