- Planning authority
- Malvern Hills District Council
- Postcodes
- WR13, WR14
- Noon sun, 21 March
- About 38°
- Shadow from a 5 m eaves line
- About 6.4 m
- Planning plan
- Local Plan
- County
- Worcestershire
How it plays out in Malvern
Back gardens in WR13 and WR14, as anywhere, tend to be divided by fences, hedges and the odd tree, and a combined scheme has to work with all of them. Old boundary hedges may be habitat worth keeping, and mature trees may need an assessment before anything is designed.
We map these features across all the gardens at once, so the layout keeps what matters and the application to Malvern Hills District Council shows how trees and wildlife have been considered. Doing it across the whole site is simpler and cheaper than doing it garden by garden.
The next steps, locally
The steps for neighbours in Malvern are: free appraisal, a meeting with the owners, heads of terms, signed agreements, one planning application, then completion and payment of each owner’s share. Setting up a group takes longer than a single plot, and timing depends on the owners, the lenders and the council, so we give ranges rather than promises.
Free appraisal of the combined land
We look at all the titles together, the possible access points, the surrounding homes and the planning policies that apply, then explain whether a combined scheme looks realistic and roughly what it might allow.
Meet the neighbours
We meet the owners together or separately, explain how the scheme and the routes work, and answer questions. We don’t approach your neighbours without your agreement, and nobody is committed at this stage.
Agree how value is shared
Heads of terms set out the route, each owner’s share, any extra for the garden providing the access, what happens if someone drops out, and the cap on each owner’s reasonable legal fees where it applies.
Collaboration agreement
Each owner’s own solicitor reviews the documents, and everyone signs a collaboration agreement alongside the sale, option or promotion agreement. Mortgage lenders are asked to consent early, and the agreements are usually protected on each title.
Worth checking early
- Tax depends on each owner’s circumstances, so each should take advice from a tax adviser.
- If the garden providing the access drops out before signing, the whole scheme may not work.
- Several owners have to agree, so a combined scheme usually takes longer to set up than a single plot.
Questions about garden plots in Malvern
Who gets more if one garden in Malvern provides the access?
Usually the owner of the access garden receives an extra agreed share, because their land makes the scheme possible and their house is most affected by passing cars. The exact method is agreed by everyone in the collaboration agreement before planning starts.
Does each Malvern owner keep their own house and garden?
Yes. Each owner keeps their house and an agreed garden for it. Only the land behind is transferred, as a transfer of part at HM Land Registry. New boundaries and fencing for each house are agreed as part of the design.
Who pays for planning on combined gardens in Malvern?
It depends on the route. On a sale subject to planning, we normally fund the application. On planning promotion, nothing is paid upfront and costs are recovered from the proceeds only if a sale with planning happens. On an outright sale, we buy the land as it stands.
Will Malvern Hills District Council prefer a combined scheme to single plots in Malvern?
It often gives the council a better scheme to assess, with one proper access and more space between homes. But every application is judged on its merits against the council’s Local Plan, and the decision is the council’s. We test the layout against its policies before applying.
Other options in Malvern
- Joint venture on your garden plot
- Sell subject to planning
- Build a home for family in your garden
- Planning permission for a garden plot
- Plot feasibility and design
- Planning promotion for your garden plot