Background

This guide deals with how we handle pre-application planning advice. 

1.1 Malvern Hills District Council are able to provide you with advice and information on planning prior to the submission of a planning application. So we can provide the best possible advice and information within an appropriate timescale it is important that you provide us with as much clear information as possible regarding your proposed ‘development’.

The service is intended to provide an indication of whether your proposal is likely to gain planning permission or not, what the key issues are for consideration and what you would need to submit with any application that you make. 

Charges will apply for all pre-application advice given in accordance with the scale of fees and categories as outlined in the table of fees section. Charges are in addition to the actually set planning application fees.

Benefits of the service

We encourage and welcome the opportunity to provide advice before an application is made. There are considerable benefits in seeking advice before making an application: 

• It gives you an opportunity to understand how planning policies will be applied to your development.  
• It can identify at an early stage where there is a need for specialist/technical input, for example on listed buildings, trees, highways, landscape, noise, transport, contaminated land, ecology and archaeology. 
• It will assist you in preparing proposals for formal submission which, providing you have taken our advice fully into account, is likely to be handled more efficiently. 
• It may lead to a reduction in time spent by your professional advisors in working up proposals. 
• It may indicate at an early stage that a proposal is unacceptable, saving you the cost of pursuing a formal application. 
• It can ensure an application is complete and comprehensive and to a satisfactory standard, avoiding rejection at registration stage or early refusal of permission because of inadequate or insufficient information.

Pre-application advice service

If you wish to take advantage of our pre- application advice service it couldn’t be easier. Simply fill out the pre-application advice request form and provide supporting plans, photos etc. so that we understand what you propose.  What you need to provide in detail is outlined on the pre-application form. 

What we will provide is: 

• A response in writing within 20 working days or within an agreed timeframe for smaller schemes. In this context, a smaller scheme consists of less than 10 dwellings, a proposed floor area of less than 1,000 metres squared or a site area of less than 1ha. A larger scheme is one which falls above these thresholds. 
• A response in writing within 30 working days or within an agreed timeframe for larger schemes. 
• Identification of the relevant site planning history. 
• Identification of the relevant constraints affecting the site. 
• The potential issues/impacts across the site boundaries. 
• Consultation with specialist colleagues and invitation for them to attend any meetings where appropriate. 
• Where a planning obligation (Section 106 Agreement) is likely to be required, we would seek to agree the likely content of such an agreement prior to the submission of an application. 
• Confirmation of what information/studies/ reports etc. are likely to be required/ submitted with your application. 
• Guidance how best to undertake consultation prior to the submission of the application with local residents and other groups. 
• An informal indication of the likely outcome of your proposed development, with an indication, where possible, of how it could be amended to improve the chances of a successful outcome. 

If you are unsure of the correct fee or category your proposal falls within, please contact the planning department for further advice. 

Any informal advice given is not binding on the council and is given in the spirit of helpfulness and is based upon the information provided to the Planning Officer. 

Planning Performance Agreement (PPA)

For large scale and more complex planning proposals a Planning Performance Agreement (PPA) may be beneficial. The agreement sets out a project plan to manage the proposal. Applicants should contact a planning officer to discuss this at the earliest possible stage. 

Charging for pre-application advice

We do not charge for pre-application advice for new and expanding businesses creating employment opportunities.  

We also do not charge for pre-application advice for developments that meet environmental standards or deliver a meaningful contribution to carbon reduction. 

From 19 July 2021, pre-application advice applications will have their fee refunded where the applicant commits to and delivers on: 

• The installation of a low carbon/renewable energy technology on an existing building (solar panels, heat pumps etc). 
• Householder developments that include the installation of low carbon/renewable energy technology (e.g. extensions with a solar panel etc) that exceed the policy/regulatory requirements in operation at that time.

To request a refund, please email the Planning Support Team at This email address is being protected from spambots. You need JavaScript enabled to view it. with details of the pre-application advice application, the relative planning application and a signed letter stating which of the above points you committed to and the date of completion.

Pre-application advice charges for businesses 

The table below sets out our fees for offering pre-application advice from the 1 April 2025 for residential developments.

The table below sets out the fees for offering pre-application advice from the 1 April 2025 for other types of development.

Where a development proposal falls within one or more categories, the higher fee will apply. 

Payment should be made at the time of the pre-application advice request.  

Payment can be easily made over the telephone by calling 01684 862221. Alternatively you can send a cheque payable to Malvern Hills District Council. 

Exemptions 

Advice sought in the following categories is free: 

• Where the enquiry is made by a local authority or county council. 
• Where the enquiry is made by a parish or town council. 
• Where the enquiry is made by a housing association, registered social landlord, or an equivalent affordable housing provider or an architect/agent acting directly on their behalf. 
• Where the development is for the direct benefit of a disabled person, i.e. an extension, ramp, annex (excludes a new dwelling house), (and as such there would be no fee incurred to make the planning application). 
• Advice on how to submit a planning application or a fee enquiry. 
• Planning discussions in relation to enforcement investigations. 

Freedom of information

The pre-application advice service is a confidential fee-based process.  However, under the Freedom of Information Act 2000 and Environmental Information Regulation 2004 we may receive a request to provide information regarding pre-application advice.  Such requests will be reviewed on a case-by-case basis and may result in some information being released.  We may contact you if such a request is received.

Information relating to pre-application advice will normally become available to the public once a formal application is submitted.

Contact details

Please email your completed pre-application request sheet to This email address is being protected from spambots. You need JavaScript enabled to view it..  

Our postal address is: Planning Services, Malvern Hills District Council, The Council House, Avenue Road, Malvern, WR14 3AF. 

You can telephone us by calling 01684 862221 between 9am and 5pm Monday to Friday. 

You can find more information on our website on our Planning website.

General information

• No chargeable advice will be provided, or your request considered, without payment of the relevant fee.
• Meetings are not a compulsory element of the pre-application advice process and will only be conducted where agreed by both parties. Unfortunately, no refund or reduction in the fee will be available should a meeting not be taken up. 
• Meetings will generally be held on Teams unless agreed between the parties that in-person would be more appropriate.  Meetings may be held at the Civic Centre, Pershore, The Council House Great Malvern or on site by agreement between the Council and applicant. 
• The attendance of consultees at meetings cannot be guaranteed, however wherever possible and necessary, invitations will be issued. 
• Please note the additional fee requirements in relation to highway advice, other consultees may also make charges in the future. 
• Where a meeting is held in the first instance prior to initial written advice, a timescale for the follow up written response will be agreed at the meeting. Wherever possible, the first meeting will be held within the response times noted above. Subsequent meetings will be dependent on the progress with the proposals and subject to availability of the Planning Officer and relevant consultees. 
• All advice is provided without prejudice to the outcome of any future planning application, or change to the statutory or policy planning framework, however where changes are perceived to be imminent, we will advise you accordingly. 
• Where significant new information comes to light during the course of a planning application that was not considered at pre- application stage, the Planning Officer will alert the applicant to this and seek additional information if appropriate. 
• Development carried out on site without the benefit of planning permission (where it is required) is at risk of enforcement action and applicants and their representatives should be fully aware of this and be mindful of it when considering their position and future options. 
• Only under very exceptional circumstances will a refund or part refund be provided. 
• Free and independent professional advice on the planning process, and assistance with planning matters, may be available to you, depending on your circumstances. For further information, contact the local branch of Planning Aid through www.rtpi.org.uk/planning-aid/  

Other charges

In addition to the charges set out, Worcestershire County Council Highways also charge for pre-application advice. 

Payment must be sent to Worcestershire County Council Economy and Infrastructure Directorate.  You can find out more at Highways pre-application advice | Worcestershire County Council 

Follow the link for information on fees: Worcestershire County Council charges for pre-application advice. 

Landscape

The Heritage Team provides advice on and deals with all landscape matters relating to planning applications and policy. This includes:

• Advice to the Council’s Planning Policy team in relation to landscape policy and landscape aspects of strategic development
• Advice to developers and the general public before a planning application is submitted – outlining landscape details that may be required to be submitted as part of a planning application. These details might include a Landscape and Visual Impact Assessment (LVIA) or less detailed Landscape and Visual Appraisal (LVA), depending on the type of development proposed, and planting proposals.
• Liaison with planning officers and applicants or their agents on submitted planning applications - where existing landscape features on site and visual impact need to be considered, and where there is a need for new planting to be provided as part of the scheme.
• Evaluation of landscape issues in relation to Environmental Impact Assessments (EIA) that have been submitted to the Council for consideration as part of a planning application - where an EIA is required to be submitted, depending on the type of development proposed.
• Evaluation of Landscape and Visual Impact Assessments or Landscape and Visual Appraisals submitted in support of a planning application.
• Advice to applicants or their agents after planning consent has been granted and a landscape condition has been imposed – on what landscape details need to be submitted in order to comply with the condition.
• Evaluation of landscape schemes submitted to the Council to comply with landscape conditions that have been imposed on a planning consent – in order to approve the submitted scheme or negotiate any amendments that may be required before the scheme can be approved.
• Advice to Parish Councils and the general public on whether the landscape requirements of any completed development have been complied with.

General Landscape Issues

Further advice on the following landscape related issues is available from the websites specified

• The Landscape Institute(opens in a new window) – is the chartered body for the landscape profession. Their Member Directory gives details of landscape architects who can be engaged to prepare landscape schemes to submit either as part of a planning application or to comply with a landscape condition.
• Landscape Character Assessment(opens in a new window) - Worcestershire County Council have produced a Landscape Character Assessment for Worcestershire. Policy SWDP 25 of the adopted South Worcestershire Development Plan (SWDP) 2016 (opens in a new window)requires development proposals to take this assessment and its Landscape Guidelines into account.   
• Natural England(opens in a new window) is the Government's Statutory adviser on landscape issues and has responsibility for the Cotswolds Area of Outstanding Natural Beauty (AONB) covering areas around Broadway and Bredon Hill
• Cotswolds Area of Outstanding Natural Beauty(opens in a new window) (AONB) covering the areas around Broadway and Bredon Hill within Wychavon District. Development proposals within the AONB will be considered under Policy SWDP 23 of the adopted South Worcestershire Development Plan (SWDP) 2016(opens in a new window)
• Woodland creation(opens in a new window) – information on woodland creation, including funding and best practice for sustainability. 
• Woodland Management Plan(opens in a new window) – guidance on planning and organising the sustainable management of woodland 
• Tree Felling Licence(opens in a new window) - everyone involved in the felling of trees, the owner, agent or contractor must ensure that a licence has been issued from the Forestry Commission before any felling is carried out, unless one of the exemptions applies. If the trees are Tree Preservation Orders (TPO), an application to fell must also be submitted to the local authority.
• Woodland Trust(opens in a new window) - this is the Forestry Commission's suite of grants relating to both proposed and existing woodlands
• Orchards(opens in a new window) – information on planting and managing traditional orchards in Worcestershire. The Vale Landscape Heritage Trust(opens in a new window) work with volunteers, funders, farmers and Government to protect and conserve orchards in and around the Vale of Evesham and Pershore.
• Countryside Stewardship(opens in a new window) - a scheme which provides funding to farmers and other land managers to make environmental improvements.
• Worcestershire Wildlife Trust(opens in a new window) - for local nature conservation and biodiversity issues. Further information on biodiversity may be found on the our Biodiversity (Protected Species) page.

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 (£392.20) 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 (160 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 can be found on this Government web page.

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.

Trees are a vital and integral component of the built environment, adding variety and structural diversity and softening the visual impact of buildings and hard surfaces.

By enriching our surroundings and creating a more aesthetically pleasing living environment, trees are instrumental in enhancing our quality of life.

Apart from their visual amenity value, trees provide shade, help to absorb noise, filter airborne pollutants, reduce surface water flooding, absorb carbon dioxide, enhance both urban and rural landscapes and provide habitat for wildlife.

When considering proposals for development it is important to take into account the effect such proposals may have on trees growing on and in the vicinity of the site, and to explore the opportunities for new planting.

All trees, regardless of their protected status, can be a material consideration in the planning process.

The retention and enhancement of appropriate trees and greenery within the Malvern Hills District during development is embedded in both law and policy guidance.

• Town and Country Planning Act (1990)
• Natural Environment and Rural Communities Act (2006)
• National Planning Policy Framework
• South Worcestershire Development Plan

BS 5837 (2012) – Trees in Relation to Design, Demolition and Construction provides a framework for the interaction between trees and development.

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