The Government announced that they would give CIL charging authorities a discretion which is applicable for a limited time (in certain prescribed circumstances and if it is considered appropriate) to defer CIL payments, to disapply late payment interest and surcharge payments; and to credit interest already charged to developers.

The Requirements

The Regulations apply to developers with an annual turnover not exceeding £45 million to make a request to defer a CIL payment if:

• They have received a demand notice for a CIL payment;
• That CIL payment is set to be made before 31 July 2021; and
• They are experiencing financial difficulties for reasons connected to the effects of coronavirus.

The Request Process

Developers should make a deferral request to the Council no more than 14 days before, as soon as practicable after the date the CIL payment is due.

The Council can request as much information from the developer they reasonably need to consider the deferral request. Developers must provide that information, in so far as it is in their possession or control, within 14 days of the request being made.

The Council will make a decision to grant or refuse the request within 40 days of receiving the request. The Council may grant a deferral request for no more than 6 months beginning with the day the Council receives the request in writing. The Council are precluded from charging late payment interest or a surcharge while they are considering the request.

Where the deferral is refused, then the deadline for the payment will be within 7 days.

The CIL coronavirus regulations do not provide a right of appeal if a deferral request is refused.

Planning AppealsPlanning Obligations (Section 106)Street Naming and NumberingCommunity Infrastructure LevyPlanning Committee and MeetingLocal Land ChargesPlanning Conditions and FeesFootpath DiversionsSupplementary Planning Documents (SPD)

Planning peer challenge report

During October 2021 we asked the Local Government Association and the Planning Advisory Service to carry out an independent check of our planning function. The report made a number of recommendations which we are now acting on to further improve our planning service.

Read the Malvern Hills District and Wychavon District Councils peer challenge report (opens in new window).

There is extensive legislation and government guidance which places responsibilities and duties on all public bodies as well as individuals.

Legislation

• Wildlife and Countryside Act 1981
• Countryside and Rights of Way (CROW) Act 2000
• The Natural Environment & Rural Communities (NERC) Act 2006 (which imposes a statutory duty on all Local Authorities to conserve bio diversity)
• Town and Country Planning Act 1990 (as amended)
• Conservation of Habitats and Species Regulations 2010 (known as the 2010 Habitats Regulations)
• The Protection of Badgers Act 1982

Planning Guidance

• The National Planning Policy Framework
• Planning for Biodiversity and Geological Conservation: A Guide to Good Practice
• Circular 06/2055

When are surveys required?

• Look for features or habitats such as – ponds, lakes, rivers, streams, woodland, hedgerows, veteran trees, grassland, allotments, ‘brownfield sites' - especially when adjacent to or linked to other semi-natural habitat
• Bat surveys are usually required when a development includes demolition and significant modifications or conversions, especially of roofs and roof voids
• Check with Worcestershire Biological Record Centre for existing records of protected species
• Check with a Planning Officer / Natural Heritage Officer
• Must be submitted with the application (not left as a condition) and must contain enough information to allow a full assessment of the potential impact of the planning proposal on protected species
• Must be up-to-date (i.e. normally no more than 12 months old) and carried out by a suitably qualified ecologist
• Be carried out at the appropriate time of year/day (hibernation/activity patterns) and under the right conditions (temperature, visibility, weather conditions)
• Include relevant mitigation and enhancement measures – also to be shown clearly as part of the design of the planning submission where appropriate

Demonstrate consideration and compliance with the three derogation tests, where appropriate.

The three derogation tests as set out in Regulation 53 of the Conservation of Habitats and Species Regulations 2010 are:

• Is the development needed for: 
  • Public health and safety?
  • Other imperative reasons of overriding public interest incl. those of a social or economic nature?
  • Preventing serious damage to property?

• Are there any satisfactory alternatives (resulting in no or at least less risk of harm)?
• Is there adequate compensation provided to maintain the favourable conservation status of the population of the species?

Please note, the European Protected Species regime applies whether related to a planning application or not.

Further information

Jane Sedgeley-Strachan (Natural Heritage and Biodiversity Officer)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

• Worcestershire Biodiversity Action Plans
• Bat Conservation Trust
• Worcestershire Biological Records Centre
• Worcestershire Bat Group
• Worcestershire Wildlife Trust
• The Malvern Hills Area of Outstanding Natural Beauty (AONB)
• Herefordshire Nature Trust
• Malvern Hills Trust

High Hedges

In 2003 the Government introduced legislation to enable councils to solve long running hedge disputes.

The legislation is much needed by those people whose lives are being seriously affected by high evergreen hedges.

Contrary to popular belief, there is no legally fixed height at which an evergreen hedge should be maintained.

A high hedge is defined in the legislation as a line of two or more evergreen trees or shrubs, which have grown to a height of over two metres above ground level.

A hedge action height is only decided upon after the council has made a full assessment of each particular situation and the issues involved.

To understand whether the council can help you with your hedge problem please review the Government guidance on High Hedges: Complaining to the council.

High hedge problems in the Malvern Hills district are dealt with by the Planning Enforcement team.

The district council will not accept a formal complaint unless you can demonstrate that you have already made every effort to resolve the problem with your neighbour.

If the council are to take on the complaint you will also have to pay a fee (£369.65) and fill in a complaint form.

For a more information on high hedge issues please refer to the following resources:

• Hedge Height and Light Loss
• pdf MHDC High Hedges Complaint Form (226 KB)
• pdf MHDC Guidance Notes for Complaint Form (526 KB)

Rural Hedgerows

Since 1 June 1997 it has been against the law to remove most countryside hedgerows without notifying the Local Planning Authority (MHDC).

Removal does not just include grubbing up but other actions that result in the hedgerow being destroyed.

Coppicing, layering and the removal of dead or diseased shrubs or trees are treated as normal management.

Further guidance on protected hedgerows and hedgerow removal may be found in the Department of the Environment Farming and Rural Affairs leaflet, The Hedgerow Regulations; Your Questions Answered.

Prior to the removal of a hedgerow a Hedgerow Removal Notice must be submitted to the council for consideration.

The council has six weeks in which to let you know whether the hedgerow is to be retained.

Firstly a decision must be made upon whether the hedgerow is important. Following this, the reasons for removal are considered.

There is however a strong presumption that important hedgerows will be protected.

If the hedge is to be retained, a Hedgerow Retention Notice is served.

If you do not hear within six weeks of the council receiving your Hedgerow Removal Notice you can remove the hedgerow, unless you have agreed a longer timescale.

Removal of a hedgerow without permission is a criminal offence and you could face a fine in either the Magistrates' or Crown Court.

Hedgerow Management

Natural England has published a useful document entitled  pdf Hedge Cutting: Answers to 18 Common Questions (1.70 MB) , that provides guidance to farmers and other land managers about how often to cut hedges.

It will also help improve the wider rural community's understanding of hedge management.

They also produce a companion leaflet to this entitled  pdf Hedgerow Trees: Answers to 18 Common Questions, (690 KB)  that should help land managers to make decisions about how to encourage and look after hedgerow trees.

In particular it offers advice on how to plant and look after young trees, so there are younger generations to take over from the old veterans that currently grace our countryside.