LAND MANAGEMENT COMMITTEE
PAPER B - FOR DECISION

OLD RAILWAY YARD, PEACHFIELD ROAD, MALVERN

To be considered 3rd APRIL 2008, 4pm at Manor House

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The Board has power to grant easements under Section 8 of the 1995 Malvern Hills Act. In granting authorisation the Conservators need to have regard to the effect of the works being so authorised on the natural aspect of the Malvern Hills and shall impose such terms and conditions as are necessary to ensure that any adverse effect is minimised.

HISTORY
In 2003 the Malvern Hills Conservators agreed in principle to grant a right of access to permit the development of the old railway yard off Peachfield Road. There was already an access into the site and the Conservators agreed to improvements of the access facility to fit in with what were then the Highway's requirements (see plan A attached) At that time it was earmarked for development in the revised Local Plan which was under review. The agent acting for unnamed developers advised that it was the intention to build 14 bungalows on the site. During a site visit by Conservators it was felt that this development would be preferable to the existing light industrial use which view was shared by the Parish Council.

The land was subsequently allocated as residential development land in the revised Local Plan. Although our Valuers, Humberts, were continuing negotiations with regard to the access, in April 2007 the Board objected to a planning application submitted for 42 dwellings as follows:-

The Malvern Hills Conservators would not object to a development of 14 single storey dwellings on the site, envisaged several years ago, but they do object to this large development for the following reasons:-

• adverse effect on the surrounding common land
  
  
• the effect of drainage from such a large development on a watercourse on Conservators' land below the railway line. The ditch already overflows from time to time and the increased roofs and hard areas created by the development would exacerbate the problem.
  
  
• the increased traffic generated could cause problems with cars parking on the adjacent common land.

Note: Malvern Hills Conservators are not statutory consultees on planning applications. The policy is to comment on applications if they would have an impact on MHC land, i.e. parking problems, drainage, etc. and if the development would adversely effect the views to and from MHC land.

This planning application was subsequently withdrawn.

In June 2007, through the Board's agent the developers, Landmarque asked if they could make a presentation of a revised application they had not yet submitted to MHDC. This was agreed and as it was not yet in the public domain it was taken in committee. Following this presentation members felt that all their previous concerns had been addressed and a planning application for 33 dwellings was subsequently submitted to MHDC and it was agreed that the Board's Valuer should continue negotiations with Landmarque for the easement over MHC land required into the site.

The Highway Authority recommended refusal of the access proposals and Landmarque has now submitted an amended plan (Plan marked 'B') for consideration with a request that the developer should meet members to discuss the proposal.

The revised plan shows the effects on MHC land. The Committee will note that the proposal, instead of sticking to the original track to the railway yard, now incorporates more of the common and if the original track was reinstated would isolate that part of the common. Although details of the infrastructure have not yet been received, it would doubtless involve street lighting, signing, etc. that would alter the character of the area.

VALERIE J MOORE
Administrative Officer