Malvern Town Neighbourhood Plan
Referendum - 2 May 2019
Following the examination of the Malvern Town Neighbourhood Plan, the Independent Examiner's recommended modifications have been agreed as detailed in the Decision Statement.
A Referendum will be held on Thursday 2 May 2019 and will ask voters "Do you want Malvern Hills District Council to use the Neighbourhood Plan for Malvern Town to help it decide planning applications in the neighbourhood area?"
Please follow the links below to view the documentation relating to the Malvern Town Neighbourhood Plan Decision Statement and Referendum:
- Malvern Town Neighbourhood Plan - Referendum Version
- Malvern Town Neighbourhood Plan - Decision Statement
- Malvern Town Neighbourhood Plan Referendum Information Statement
- General information on Town and Country Planning including Neighbourhood Planning and the Referendum
Independent Examination of the Malvern Town Neighbourhood Plan
Malvern Hills District (with the agreement of Malvern Town Council) appointed Christopher Collison to examine the Malvern Town Neighbourhood Plan.
The Examiner's Report concluded that the Malvern Town Neighbourhood Plan, subject to the recommended modifications, meets the Basic Conditions and can proceed to Referendum. To view the Examiner's Report, please follow the link below:
During the examination the Examiner wrote to both the District and Town Council setting out how he intended to conduct the Independent Examination. To view the Examiner's letter on the conduct of the Independent Examination, please follow the link below:
During the examination the Examiner issued a request for clarification which set out issues where he would find further clarification helpful. To view the Examiner's request for clarification and the joint response from Malvern Hills District Council and Malvern Town Council, please follow the links below:
- Examiner's request for clarification
- Clarification Note from Malvern Hills District Council and Malvern Town Council
The Examiner wrote to the District and Town Council advising that The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 would come into force on 28 December 2018. The effect of the Regulations with respect to the making of Neighbourhood Plans (Regulation 3) is that the basic condition "The making of the neighbourhood plan is not likely to have a significant effect on a European site or a European offshore marine site, either alone or in combination with other plans or projects" is replaced by a basic condition "the making of the neighbourhood development plan does not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017". The Examiner requested the District Council and Town Council consider this change of basic condition and advise whether or not the Malvern Town Neighbourhood Plan meets the replacement basic condition. To view the Examiner's letter and the District and Town Council's joint response, please follow the links below:
- Examiner letter regarding substitution of basic condition (Habitats) Malvern Town NDP Independent Examination
- District and Town Council joint response to Examiner considering implications of replacement basic condition
The Examiner provided an opportunity for Malvern Town Council to comment on any representations made during the Regulation 16 consultation. To view the Town Council's schedule of comments on the Regulation 16 representations, please follow the link below:
Submitted Neighbourhood Plan Consultation
9 November 2018 to 5pm on Friday 21 December 2018
Under Regulation 15 of the Neighbourhood Planning (General) Regulations 2012, Malvern Town Council submitted the Malvern Neighbourhood Plan to Malvern Hills District Council on 31 October 2018.
In accordance with Regulation 16, Malvern Hills District Council undertook a public consultation from Friday 9 November 2018 until 5pm on Friday 21 December 2018, during which interested parties were invited to make comments on the draft Malvern Neighbourhood Plan.
The submitted documentation included:
- the proposed Neighbourhood Plan
- a map, forming part of the above Plan, identifying the area to which the proposed Neighbourhood Plan relates
- a Consultation Statement explaining who was consulted, and how consultation comments have been addressed
- a Basic Conditions Statement explaining how the proposed Neighbourhood Plan meets the requirements set out in legislation and environmental matters.
To view the submitted Malvern Neighbourhood Town Plan and supporting documents, please follow the links below:
This is the main document which includes policies and proposals developed by the Town Council and informed through evidence and responses from the local community.
This provides a plan showing the existing land use designations from the South Worcestershire Development Plan and those proposed in the Neighbourhood Plan.
A statement demonstrating how the Neighbourhood Plan and the process of its evolution meet the Basic Conditions requirements.
A statement setting out how the community and other stakeholders have been involved in the preparation of the Neighbourhood Plan.
- Malvern Neighbourhood Plan: Consultation Statement – Appendices 3.1 – 3.5
- Malvern Neighbourhood Plan: Consultation Statement – Appendices 4.1 – 5.1
- Malvern Neighbourhood Plan: Consultation Statement – Appendices 6.1 – 6.6
An assessment of how sustainability considerations were taken into account in the preparation of the Neighbourhood Plan and how it promotes sustainable development objectives.
The District Council reviewed the HRA Screening Opinion in light of the judgement of the Court of Justice ruling in the case of 'People over Wind, Peter Sweetman v Coillte Teoranta' and the Court of Justice (Second Chamber ruling the case of Grace, Sweetman, and National Planning Appeals Board Ireland. The District Council consider that the Screening Opinion, which was prepared in advance of the Sweetman rulings, is still valid. For further details please click the link below:
- Review of HRA Screening Opinion
An assessment, undertaken by AECOM, of the type of local housing need within the Neighbourhood Area.
A document, prepared by CASS Associates, providing additional evidence which was collated during the Neighbourhood Plan-making process to support the policies and/or projects in the Neighbourhood Plan.
An assessment, prepared by AECOM, of the historic environment and character within the Neighbourhood Area.
A document, prepared by CASS Associates, that summarises the key land use, development and environmental issues within the Neighbourhood Area.
Evidence base, prepared by Malvern Town Council, to justify the proposed designation of the Neighbourhood Heritage Areas within the Neighbourhood Area.
Evidence base, prepared by Carly Tinkler (Landscape, Environmental and Colour Consultancy), to justify the proposed designation of key views and vistas within the Neighbourhood Area.
The rationale, prepared by Malvern Town Council, for identifying sites as Local Green Space within the Neighbourhood Area.
- Malvern Neighbourhood Plan: Public Health England Local Health Profiles, 2016
To view the responses to the Regulation 16 consultation, please follow the links below:
- Malvern Hills District Council Officers
- Worcestershire County Council
- Environment Agency
- Historic England
- Coal Authority
- Highways England
- Malvern Community Forest
- National Grid
- Network Rail
- Severn Trent
- South Worcestershire Clinical Commissioning Group
- Sport England
- Worcestershire Acute Hospitals NHS Trust
- Canal & River Trust
- Engage Malvern
- Malvern Hills AONB Unit
- Quest for Future Solutions
- Barton Willmore on behalf of DC Rowberry and Daughters
- Fisher German LLP
- Gladman Developments Limited
- Iceni Projects on behalf of Grammont Group
- Inchbald Day Planning and Development Ltd on behalf of Mr & Mrs Walsh
- Inchbald Day Planning and Development Ltd on behalf of James Milne
- David Lock Associates on behalf of Hallam Land
- RPS on behalf of Gleeson Land and Welback Land
- Savills on behalf of Barwood Strategic Land II LLP
- Susan Amphlett
- Janet Baker
- Robert Baker
- Andrew Bannister on behalf of Pickersleigh Residents' Group
- Matthew Blackbourn
- Anthony Branton
- Diana Brazier
- Mrs B Brookes
- Dr Graeme Crisp
- Esme Doran
- Mike Edwards
- Charles Elliott
- David Eustace
- John Eustace
- Mrs K Fry
- John Gillham
- Katherine Harris
- Judith Harrison
- Mike Hayes
- Hugh Jamieson
- Mr & Mrs P A Jones
- John F Kelly
- Mrs G Major
- Angus McCulloch
- Rosemary McCulloch
- Patricia Pitts
- Loretta Proctor
- Ian Proudler on behalf of Pickersleigh Residents' Group
- Martin O'Brien
- Tania Robertson on behalf of Pickersleigh Residents' Group
- Malcolm Robinson
- Cyril Smith
- Anne Steggles
- Mr & Mrs Suddaby
- Robert Tilley
- Pamela Turner
- Margaret Vipond
- Dorothy Weet on behalf of Pickersleigh Residents' Group
- Fran Williams
- Jeff Williams on behalf of Pickersleigh Residents' Group
- Matthew Williams
- Julie Wood
- Anna Young
- Mrs S C Young
Draft Neighbourhood Plan Consultation - 17 November 2017 to 26 January 2018
In accordance with Regulation 14 of the Neighbourhood Planning (General) Regulations 2012, Malvern Town Parish Council consulted upon their draft Neighbourhood Plan from 17 November 2017 until 26 January 2018. To view this document, please follow the link below:
Neighbourhood Area Application - Approved 22 August 2014
The District Council designated the area defined by the boundaries of Malvern Town Council as a Neighbourhood Area, under Regulation 7 of the Neighbourhood Planning (General) Regulations 2012 on 22 August 2014.
Following an application made by the Town Council in May 2014, the District Council held a six week consultation, which closed on 25 July 2014.
- Malvern Town - Application for Designation of a Neighbourhood Area
- Malvern Town - Proposed Neighbourhood Area Map
- Malvern Town - Decision Notice