THE BCH ARCHIVE

LOCAL HISTORY FOR

BIRTSMORTON

CASTLEMORTON

HOLLYBUSH

And The Surrounding District

Dales Hall 6

The Spring


The Spring

Water from the nearby spring (in the Wonderment) was found to be contaminated and Hardman gained another spring on the 550ft contour line. Water flows at one gallon every 40 seconds. The little door in the gable leads to water tanks where water from the spring comes into the house by syphoning before it flows down to  a fountain, through the brick cooling tank in the corner (to keep food cool), piped under pavers and grass to the water/bog gardens and on to the ditch beside the lane. On 29 March 1935 The Ecclesiastic Commissioners granted Hardman an easement for a line of pipes and a fence three square yards around the spring marked A2 for 18d. a month.


Deed of Covenant

In 1936, Deed of Covenant between John Tarleton Hardman and the National Trust covering all his

land:


This Deed of Covenant is made the 4th day of July 1936 between John Tarleton Hardman od Daleshall, Castlemorton, Malvern in the county of Worcester (hereinafter called the Covenentor) and the National Trust for Places of Historic Interest or Natural Beauty (incorporated by the National Trust Act 1907) of 7 Buckingham Palace Gardens, Westminster in the County of London (hereinafter called the National Trust) of the other part.


Whereas

1.     The Covenentor is seised in fee simple in possession of the lands at Malvern Hills situate in the Parish of Castlemorton in the County of Worcester particularly whereof of are set  out in the first schedule hereto which lands are delineated on the plan hereto annexed and are shown by the colour green such plan being taken from the Ordnance Survey Map for the Counties of Herteford and Worcester Edition 1924 Sheets XLII and LIII on the scale of 6 inches to the mile hereinafter referred to as “the restricted lands”.


2.     The National Trust is seised in fee simple in possession of neighbouring land in the county of Hereford known as Midsummer Hill Malvern Hills and delineated on the said plan and thereon shown by the colour pink.


3.     The Covenentor has agree to impose on the restricted land the restrictive covenants hereinafter contained for the benefit of Midsummer Hill aforesaid and for the purpose of preserving the amenities of the Malvern Hills.


Now this Deed witnesseth in pursuance of the said agreement and in consideration of the premises the Covenentor with intent and so as to bind so far as practicable the restricted lands into whosoever hands the same may come to benefit and protect Midsummer Hill aforesaid (but not to render the Conservator personal liable in damages for any breach of covenant committed after he shall have parted with all interest in the property in respect of which such breach shall occur) Herby covenants with the National Trust at all times hereafter to observe the stipulations and restrictions contained in the Second Schedule thereto

     

(Second Schedule):


1.     No act or thing shall be done or placed or permitted to remain upon the land which shall injure prejudice affect or destroy the natural aspect and condition of the land.


2.     No building shall at any time be erected or allowed to remain upon any part of the land without the position material and elevation being approved by the National Trust.


3.     No mine of quarry shall be opened or worked upon any part of the land.


4.     No timber trees or underwood shall be felled topped lopped or cut save in accordance with the usual methods of forestry. Provided always that noting in the foregoing stipulation shall


(a)     Prevent the cultivation of the land or any part thereof in the ordinary course of agriculture husbandry or forestry in accordance with the custom of the country

(b)     Confer upon the public generally any right or interest in the land

(c)     Prevent or hinder the exercise or enjoyment by the Covenentor or his successors in title of all rights and privileges in over or in respect of the land except to the extent hereinbefore expressed


Provided always that if any disagreement shall arise between the Covenentor or his successors in title and the National Trust as to the construction of the covenant aforesaid the same shall be referred to an Arbitrator appointed by either the President for the time being of the Royal Institute of British Architects or of the Royal Society of Arts or by any Advisory Panel set up by the Local Town Planning Authority as the National Trust may select


The First Schedule above referred to:

1921 OS Map:  Nos 564, 565, 566,567,567A,569, part 575 (woodland), 575A, 576.


The Dispute over The Wonderment


Malvern Hill Conservators attempted to register The Wonderment as Common Land under the Commons Registration Act 1965.  This was objected to by Charlie Weaver, the then owner, and Eastnor Castle Estates Company.


In 2003, The Countryside Agency produced a draft map of land to be registered as Common Land, which included The Wonderment.


In 2004, 28 May, David Judson acting for the Camerons wrote to the Commons Registration Officer at County Hall setting out their case and asking that before the map of common land was finalised and published, The Wonderment should be excluded.


In 2004, 13 November, David Judson sent further evidence, namely document that showed that the Chief Commons Commissioner had, on 4 March 1980, stated that The Wonderment's exclusion from the Common Land Registration process had been officially accepted.


In 2004, 7 December, The Planning Inspectorate decided not to content the Cameron's appeal, and that The Wonderment would be excluded from the conclusive map of common land. This was confirmed on 7 April 2005, after the uncontested appeal had run its course.


In 2007, in dealing with an application to DEFRA for a Higher Level Stewardship grant, DEFRA supplied the Camerons with a digital map showing The Wonderment as land accessible under the Crowe Act. The Camerons wrote asking for this to be corrected.