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Malvern Town Neighbourhood Plan

At its Executive Committee meeting on 25 June 2019 Malvern Hills District Council "made" (adopted) the Malvern Town 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 consideration in determining planning applications in the Malvern Town Neighbourhood Area.

Malvern Hills District Council endorsed the decision of the Executive Committee to make the Malvern Town Neighbourhood Plan at its meeting on 23 July 2019.

Malvern Town Council identified a number of minor errors in the submitted and examined Neighbourhood Plan and proposed that these be corrected prior to the Plan being published by the District Council. Planning Practice Guidance says that a local planning authority can correct errors in a Neighbourhood Plan without the need for consultation or re-examination providing it is with the consent of the qualifying body and the changes are minor which would not materially affect the policies.

Malvern Hills District Council considered each of the proposed modifications and decided that the errors would be minor (non-material) modifications which do not materially affect the policies in the plan and should be made to the Malvern Town Neighbourhood Plan.

To view the made Malvern Town Neighbourhood Plan, amended to correct minor errors identified by the Town Council, and the Decision Statement, please follow the links below:

Alternatively hard copies of the above documents can be viewed at the following locations:

  • Malvern Hills District Council, Council House, Avenue Road, Malvern, WR14 3AF (Monday-Friday 9am-5pm)
  • Malvern Library, Graham Road, Malvern, WR14 2HU (Monday, Thursday and Friday 9am-5pm, Tuesday and Wednesday 9am-7pm and Saturday 9am-4pm).

To view the Malvern Town Council request for minor modifications to the Malvern Town Neighbourhood Plan and the response of Malvern Hills District Council, please follow the links below:

Referendum - 2 May 2019

A referendum on the Malvern Town Neighbourhood Plan was held on Thursday 2 May 2019. There was a 31.5% turn out, with 86% of the votes cast in favour of Malvern Hills District Council using the Malvern Town Neighbourhood Plan 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:

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:

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:

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

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.

 

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:

To view the responses to the Regulation 16 consultation, please follow the links below:

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.