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Planning

The Natural Environment

 We are experiencing high volumes of Tree Enquiries and are currently facing a backlog. We apologise for any inconvenience caused and will endeavour to respond to all queries as soon as possible. Thank you for your patience.

The Heritage team deliver a range of services and can provide information on the natural environment.

We consider planning applications, in partnership with the Development Management team, in order to ensure that the natural environment and landscape matters are given an appropriate level of consideration in the planning process.

We consider applications for work on trees which are protected by a tree preservation order and notifications for works to trees in conservation areas.

For more information, please use the following links:

Further information relating to trees

Chris Lewis-Farley (Landscape Officer)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: 01386 565 177

BS 5837 (2012) – Trees in Relation to Design, Demolition and Construction

The British Standard "Trees in Relation to Design, Demolition and Construction to Construction - Recommendations" (BS 5837) (2012), details the steps that should be taken to ensure that trees are appropriately and successfully retained when a development takes place.

This means that where there are trees either on a potential development site or within close proximity to the site, the district council will consider them when making decisions on planning applications for that site.

Planning applications and the development that may follow should, where appropriate follow the processes and recommendations laid out in BS5837 (2012).

Full copies of BS 5837 are available to purchase from the British Standards Institution.

pdf BS 5837 (2012) flow diagram (39 KB)

There are several elements of BS 5837 that are vital when considering a development site that contains trees or has trees in close proximity.

Tree Constraints Plan

The first and most vital stage in the design and layout of any site is the creation of a Tree Constraints Plan.

The early availability of a Tree Constraints Plan to the development design team will benefit the developer by:

  • Reducing redesign time as trees will be identified before the initial design is drawn up
  • Reducing the risk of applications not being registered by Development Control
  • Reducing the risk of tree issues being raised during the planning application process
  • Increasing the speed at which tree issues can be dealt with during the application process

The Tree Constraints Plan should be a combination of the information gathered during a topographical survey (location of all trees, shrubs and hedges and other relevant features such as streams, buildings and spot level heights) and an accurate tree survey.

The tree survey should be carried out in accordance with BS 5837 (2012), and contain the following information about each tree on the site that has a stem diameter above 75mm measured at 1.5m above ground level, and those trees of smaller diameter that are of particular interest or potential value:

  • A tree reference number (this should relate to the to the Tree Constraints Plan)
  • Tree species
  • Height
  • Stem diameter taken at 1.5m from ground level (Diameter at Breast Height)
  • Branch spread (in four directions North, East, South and West)
  • Height of crown clearance above ground
  • Age class
  • Physiological condition
  • Structural condition
  • Preliminary management requirements
  • Estimated safe useful life expectancy
  • Category grading (see BS 5837)

It is important to remember that the parts of a tree that lie below the soil surface, its roots, are just as important as those above ground (trunk, branches, leaves).

Every effort should be made to ensure that the roots of retained trees are not damaged during the construction process.

Root problems can lead to a decline in a tree's health resulting in the need for a tree to be removed or even structural collapse.

Tree roots can be easily damaged by:

  • Abrasion
  • Crushing by vehicles/plant equipment and/or storage of building materials or soil
  • Compaction of the surrounding soil leading to root death by asphyxiation (lack of oxygen) or drought (inability to obtain water)
  • Severing and removal of roots by excavation
  • Poisoning from spillage or storage of fuel, oil, chemicals etc. 
  • Changes in soil levels around trees resulting in root death as a result of exposure or asphyxiation
  • Installation of impermeable surfaces leading to a decline in tree health due to lack of water

It is vital therefore that the Tree Constraints Plan should also clearly show the Root Protection Area of each tree.

A tree's Root Protection Area can be equated to a circle, using the tree as the centre-point, with a radius that is twelve times the tree's Diameter at Breast Height for a single stemmed tree, or alternatively ten times its basal diameter measured above the root flare for a multi-stemmed tree.

Tree Protection Plan

Trees are particularly vulnerable on development sites and may be affected either immediately if removal or pruning is necessary to accommodate a development, or in the longer term.

This may be as a result of disturbance during the development process or following pressure to remove or prune trees from the occupants of new buildings.

The design layout should take these issues into account.

Once it has been decided which trees, hedges or shrubbery are to be incorporated into a design layout it is important to ensure that they will survive the development process.

A Tree Protection Plan is an essential aspect of tree protection with regard to development.

The Tree Protection Plan is a scale plan showing:

  • Any proposed or existing buildings or structures
  • All retained trees both on and neighbouring the site and their corresponding Root Protection Areas and crown spreads (N, E, S and W)
  • The location of protective fences or barriers (details of how these are to be constructed must also be supplied)
  • Proposed location of all plant and materials storage
  • Drainage runs, roads and driveways
  • Existing and new accesses
  • Any other surface or underground features that may affect the trees on or neighbouring the site 

Arboricultural Method Statement

If construction or the laying of hard surfaces is allowed within the Root Protection Area of a tree, or if any part of the development process is likely to detrimentally affect any retained trees, then it is likely that an Arboricultural Method Statement will be required.

An Arboricultural Method Statement details the methodology for the implementation of any aspect of development, that has the potential to result in the loss of or damage to a tree, and explains how this damage will be avoided.

The Historic Environment

In this section

Due to significant resourcing issues the built heritage team will be unable to respond to anything non-urgent outside of the application process. Please bear with us, as responses to applications may also be delayed in the coming months.

Malvern Hills has 1,890 listed buildings, 21 conservation areas and 54 scheduled monuments. There are 6 nationally registered parks and gardens.

Please use the drop-down list below to find the information you need:

  • Listed Buildings

    A listed building is a structure of special architectural or historic interest (also referred to as significance) with both the interior and exterior protected. They have been identified as worthy of this protection by the Secretary of State for Digital, Culture, Media and Sport with the advice of Historic England who maintain the national list.

    Search for a listed building

    There are three grades for listing: Grade I (the highest) Grade II* and Grade II.

    It is important to note that list descriptions provided by Historic England are for identification only and do not constitute listed features of a structure. The building and anything attached to it is considered to be listed.

    Legislation for listed buildings can be found via the Planning (Listed Buildings and Conservation Areas) Act 1990

    Curtilage

    Some buildings are protected as curtilage buildings. These will not show up on the national list or My Local Area website searches as they are protected by the listing of the listed building. Whether a building is curtilage listed or not is determined by the Local Planning Authority and can be confirmed upon enquiry.

    For further information please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

    Advice and Guidance

    We offer advice for both Wychavon District Council and Malvern Hills District Council.

    As part of our services we offer pre-application advice for anyone looking to carry out works to a listed building. This process is FREE for listed buildings. We strongly advise people get in touch and apply for pre-application advice BEFORE carrying out any work.

    To submit a pre-application form

    In the development type dropdown list please choose ‘Works to a listed building’

    For additional information on pre-applications please read our guidance: Guidance on Pre-application Advice document

    The Heritage Team can offer more general advice on listed buildings.

    Both: Please contact us if you would like to discuss repairs and maintenance of historic structures, however, we do recommend seeking the advice of a professional contractor where necessary, such as a conservation accredited structural engineer, surveyor or architect.

    Apply for Listed Building Consent

    Advice on whether works require consent can be received either by general enquiry or, more directly, via Pre-application Advice.

    Listed Building Consent Applications can be submitted online

    Apply for Listed Building Consent

    Listed Building Consent applications are FREE

    Applicants will need to provide a Heritage Impact Assessment and Design and Access Statement. These usually require the involvement of a registered architect or charted building surveyor and will have costs attached.

    These statements can be used for any parallel planning applications.

    They should address the following:

    • Design principles and concepts
    • Scale, layout, and appearance of proposals
    • How the design has considered the significance of the building
    • What that significance is
    • How the significance is visible in the building
    • The significance of the building’s setting
    • An explanation of why the work is necessary and what alternatives were considered

    Additional guidance can be found at Historic England Guidance on Statements of Heritage Significance

    For further information please contact This email address is being protected from spambots. You need JavaScript enabled to view it.

    Please be aware the work you are proposing may also require a Planning Application. For guidance on and the submission of a Planning Application please read our advice and guidance:

    Planning Advice and Guidance and Making a Planning Application

    Guidance on submitting applications:

    Frequently asked questions

    Should I discuss my proposal with a Conservation Officer before submitting a Listed Building Consent Application?

    • We advise that contact is made with the Heritage team prior to any work being carried out and applications for Listed Building Consent being submitted.
    • This can be achieved most effectively via a Pre-application, however, you can also contact us via telephone Planning Support 01386 565565 and via email at This email address is being protected from spambots. You need JavaScript enabled to view it.
    • Any advice is given without prejudice to the determination of any subsequent application.

    What does listed building mean?

    What happens if I carry out work without consent?

    • Any works carried out without consent to a listed building or curtilage listed building is deemed a criminal offence where it detrimentally affects the character and significance of that building.
    • The criminal offence entails the potential for a fine or imprisonment.
    • Legal action can be taken against any person responsible for and carrying out unauthorised works. Therefore, the owner, professional agent and contractors can all be liable.
    • Enforcement action can be taken by the Council to ensure works are carried out to restore the building to its state prior to the carrying out of unauthorised works or to alleviate the impact of said works.

    Are there other resources available?

    Additional support and guidance can be found at the following sources:

  • Conservation Areas

    Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 provides for Malvern Hills District Council to designate "areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance" as Conservation Areas.

    The effect of designation is to give the council powers to control the demolition of non-listed buildings, and the felling, lopping or topping of trees must be the subject of prior notification. There is no right of appeal against designation.

    These regulations aim to protect the character of the area, but successful conservation is a positive mixture of preservation, conversion and sympathetic new development and so all local authorities must from time to time review their designated conservation areas, to make sure that their controls are still effective.

    There are 21 Conservation Areas within the Malvern Hills district. 

    The conservation section has embarked upon a programme of conservation area appraisals and management strategies including a review of the boundaries. 

    Every local authority is obliged to undertake this work under the Planning (Listed Buildings and Conservation Areas) Act 1990.   

    Find out more about conservation area appraisals.

    Useful resources

    Please note that these website addresses are given for information purposes only, and do not imply any endorsement of the website supplier or the content of these external sites, and the council carries no responsibility for the accuracy of any information on the websites concerned.

  • Historic Parks and Gardens

    Historic Parks and Gardens has been established as a designation since 1983, nationally listed by Historic England through the government and locally registered by Local Planning Authorities. The sites included cover anything from planned open spaces, such as town squares, to gardens and grounds.

    Malvern Hills has 6 nationally registered parks and gardens:

    • Abberley Hall
    • Croome Court
    • Pirton Park
    • Madresfield Court
    • Kyre Park
    • Witley Court

    A register has been compiled of the nationally registered sites by Historic England. Search the register on the Historic England website.

    Locally Registered gardens can be received on request from the Heritage Team at the Council via This email address is being protected from spambots. You need JavaScript enabled to view it.

    For further information please contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

    Useful links:

Read more …The Historic Environment

Planning Policy Framework

The Development Plan

The 'development plan' is the starting point for the consideration of planning applications. Together with national planning policy, it provides the planning framework to guide future land use and planning decisions.

The adopted development plan for Malvern Hills District currently consists of:

In Production:

An updated Minerals Local Plan is currently being produced by Worcestershire County Council.

A Traveller and Travelling Showpeople Site Allocations DPD is also currently being produced for South Worcestershire.

Supplementary guidance

Supplementary guidance is produced to give more detail on the application of policy, either for specific sites or on specific subjects.

SPDs do not have 'development plan' status but are subject to public consultation and are 'material considerations' in the determination of planning applications.

Older Supplementary Planning Guidance (SPG) are gradually being replaced by the newer style.

What does the planning policy framework contain?

The planning policy framework consists of a series of Local Development Documents (LDDs).

These include Development Plan Documents (DPDs), Supplementary Planning Documents (SPDs) and the Statement of Community Involvement (SCI); together with associated management and monitoring documents.

  • Local Development Scheme (LDS) sets out the timetable for the documents that the Council will be producing as part of its Local Plan.
  • Authorities' Monitoring Reportsreports progress against the timetable set out in the LDS and assesses the extent to which development plan policies are being implemented.
  • Statement of Community Involvement (SCI)sets out how and when you can become involved in plan-making and development control decisions .
  • The South Worcestershire Development Plan (SWDP) is a joint Development Plan Document involving collaborative work between Malvern Hills District, Worcester City and Wychavon District Councils. This document combines the previously proposed South Worcestershire Joint Core Strategy (SWJCS) and Site Allocations and Policies DPDs into a single plan. The SWDP was adopted on 25th February 2016.
  • Supplementary Planning Documents (SPD) SPDs do not have 'development plan' status but are used to provide more detail on how policies set out in the development plan will be applied. SPDs are subject to public consultation and are 'material considerations' in the determination of planning applications.

Evidence Base

The 'evidence base' is the term used to describe the studies and assessments that support the development of planning policies. A robust evidence base is an essential part of ensuring that policies and plans are soundly based, and reflect the needs and opportunities within the District.

Community Infrastructure Levy

Examination of the Draft Charging Schedule took place on the 29th November 2016 with a pdf Report (174 KB)  received from The Planning Inspectorate (PINS) on the 27th January 2017. The Report concluded that, subject to modifications, the Community Infrastructure Levy (CIL) Charging Schedules for Malvern Hills, Worcester City and Wychavon provide an appropriate basis for the collection of the levy in Council's area. 

The Malvern Hills CIL Charging Schedule was adopted at Full Council on Tuesday 16th May 2017. The Malvern Hills CIL Charging Schedule comes into effect on Monday 5th June 2017.  The CIL Notice of Adoption can be viewed below.

pdf CIL Notice of Adoption (192 KB)

From Monday 5th June 2017, a CIL charge will apply to all relevant applications determined on or after this date (including those successful on appeal and those where a resolution to grant has been made but a S106 agreement has yet to be completed), even if they were submitted in advance of this date. CIL may also apply to Lawful Development Certificates and Permitted Development, depending on certain circumstances.

Information and guidance on how indexation will affect CIL charges for CIL liable development in Malvern Council’s administrative area.

What is the Community Infrastructure Levy?

The CIL is a locally set charge (levy) that came into force on 6 April 2010 through the CIL Regulations 2010 (as amended) which was later amended on 1 September 2019 through the CIL Regulations Amendments 2019. The CIL is a charge that local authorities in England (known as "charging authorities") can place on new development in their area. The money generated through the levy will contribute to the funding of infrastructure to support development growth in south Worcestershire.

The CIL has been jointly prepared by the three south Worcestershire Councils of Malvern Hills District Council, Wychavon District Council and Worcester City Council,  but adopted separately following an independent examination by the Planning Inspectorate in the autumn of 2016. The Malvern Hills District Council CIL Charging Schedule was adopted on 16 May 2017 and came into force on 5 June 2017.

As part of the review of the SWDP the SWC are undertaking an update of the CIL Charging Schedule to align with the new local plan infrastructure requirements.

How is CIL calculated?

CIL is charged in £ per square metre. The floor area on which CIL is payable is calculated by measuring the gross internal area (or GIA) of a new development. All new build areas, including garages, are included.

The amount of CIL liable is also dependent on where the development is located within the District, the type of use proposed, the amount of floorspace that is being created and the amount that is being lost i.e. through demolition. For information about the CIL rates within your area please refer to the pdf CIL Charging Schedule. (5.94 MB)

What does CIL Fund?

Through the Infrastructure Funding Statement (IFS) charging authorities are required to set out a list of those projects and types of infrastructure that it intends to fund (either in whole or part) through the levy. The CIL is intended to supplement other funding streams, e.g., Section 106 contributions to ensure that new community infrastructure can be provided to support local growth and to give the district council and communities more choice and flexibility in how infrastructure is funded.

On the 14 February 2023 the Executive Board approved the resolution to withdraw the CIL Reg 123 List. Follow the link to the meeting here:  Malvern Hills District Council - Meetings & Minutes.

Supporting Evidence

The South Worcestershire Infrastructure Delivery Plan (SWIDP) identifies the infrastructure needed to deliver the growth set out in the South Worcestershire Development Plan (SWDP). The levy will help to fund these requirements.

The CIL also needs to be informed by viability evidence. The south Worcestershire authorities need to be able to explain how their proposed levy rate (or rates) will contribute towards the implementation of the SWDP and support development across the area by striking an appropriate balance between the additional investment needed to support development and the potential effects on the viability of development.

The SWIDP and viability evidence documents are available to view via the SWDP Website.

Infrastructure Funding Statement

The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019) came into force on 1 September 2019. Under these regulations, Infrastructure Funding Statements (IFS) replace CIL Regulation 123 Lists as the mechanism through which projects are identified for CIL funding.

For the avoidance of doubt the CIL Regulation 123 Lists in the adopted Charging Schedule (and Appendix A2) no longer serves as a basis for identifying infrastructure required, where applicable from either allocated site(s) in the SWDP or from other new development for CIL spending.

The IFS will be published annually and provide a summary of all financial and non-financial developer contributions relating to S106s and CIL within the district.

The 2022/23 IFS states that during 2024 an addendum identifying infrastructure projects that the district council intends to, or may be, wholly or partly funded by CIL will be published. It will also set out the CIL spending protocol setting out the process that the district council will undertake for allocating CIL receipts.

2022/23 IFS

pdf Malvern Hills Infrastructure Funding Statement 2023 (236 KB)

2021/22 IFS

pdf Malvern Hills Infrastructure Funding Statement 2021/2022 (235 KB)

2020/21 IFS

pdf Malvern Hills Infrastructure Funding Statement 2020/2021 (228 KB)

CIL User Guide

The pdf CIL User Guide (606 KB)  includes a number of examples and a frequently asked questions section. 

CIL Forms

All forms relating to CIL can be found on the Planning Portal Website.

CIL Monitoring Report

pdf CIL Monitoring Report (2018/19) (184 KB)

Previous CIL Production Stages (via the SWDP website)

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