I AM writing to clarify a misunderstanding on my part, which was published in last week's edition of the Malvern Gazette with regard to charges for confirming existing vehicular rights of access over the Conservators' land.

The board at its meeting on July 12 agreed the following:

a) That where the board accepts that there is an existing vehicular easement, this is confirmed in a legal document.

b) That there should be a flat rate charge for the easement of £500 which will be payable by the beneficiary, together with the board's legal costs. c) That the Charity Commission be informed of the board's decision and asked for its approval.

In the meantime, pending a response from the Charity Commission and in order to avoid the Conservators as trustees of the charity being surcharged, the board should deal with easement requests as follows:

a) Where solicitors are involved, the charge referred to in the Countryside and Rights of Way Act 2000 should be agreed as the basic charge in the event that the regulations under Section 68 come into force. However, rather than pay over the money at this stage the solicitors should be asked to give an undertaking to pay this sum as and when the Act becomes law and is adopted by the Conservators.

(b) If no solicitors are involved, or if such solicitors are not willing to give an undertaking, the payment for the easement should be paid to the Conservators but placed in a separate account on deposit to be refunded with interest if the circumstances warranted it.

As reported, the board's request to the Charity Commission to implement a flat rate charge of £500 was refused. Therefore, until the regulations under Section 68 of the Countryside and Rights of Way Act are confirmed by Parliament (anticipated end of February 2002), the decision of the board as given above will stand, i.e. those applying to have their rights of way confirmed will pay £500 and give an undertaking to pay the remainder of the amount should this be required following confirmation of the rates charge.

IAN J S ROWAT, Directors, Malvern Hills Conservators, Grange Road, Malvern.