Decision details

Decision Maker: Corporate Director Planning, Growth and Sustainability

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Exemption from publication: Maintaining an exemption outweighs the public interest in
disclosure because the third parties involved are likely to consider that the Council has
breached their expectation of confidentiality if the information were to be disclosed.

Pursuant to s106 Agreement entered into by Aylesbury Vale District Council (AVDC)
and Clayhithe Group Plc (CG) on the 8th June 1995, to note the transfer of Public Open Space
at Whitehead Way, East of Mandeville Road.

Reasons for the decision:

As a condition of the Outlining Planning Permission permitting the
residential development at Aylesbury Automation, Mandeville Road Aylesbury
Buckinghamshire HP21 8TT given to CG by AVDC, CG entered a s106 Agreement (dated 8th
June 1995) that obliged them, subject to certain conditions, to transfer a proportion of the
site to AVDC as Public Open Space.
Most of the Public Open Space was transferred to AVDC in June 2011, but the area edged
red below remained with CG whilst they overcome maintenance/condition issues monitored
by the Council’s s106 Monitoring Officer.
These maintenance/condition issues have now been satisfied and the land is ready to be
transferred to the Council.
The freehold will be transferred to the Council and its use will be restricted to Public Open
Space.
A commuted sum of £43,000 (including monitoring and legal fees) will be received as part of
this transaction to cover ongoing maintenance costs

Alternative options considered:

No other options to conside

Wards Affected: Aylesbury South East;

Details of any conflict of interest declared: There are no known conflicts of interest.

Contact: John Reed, Director of Property & Assets Email: John.Reed@buckinghamshire.gov.uk.

Publication date: 05/07/2023

Date of decision: 04/07/2023