Agenda item

Report by Bob Daniels, Head of Asset Management.

Mr N Walker spoke on behalf of the Aston Clinton Scouts. A copy of their petition was available to view online. The start time on the recording was 18m 50s.

Key points highlighted included:

• Aston Clinton Scouts had been looking for a permanent home for over a decade, somewhere to meet and store their equipment. Over this time the group had continued to grow as the local population increased. They were currently a group of 100 with 45 young people on the waiting list to join.
• A previous offer by Buckinghamshire Council (BC) of a building on the Green Park site had not been viable. The Scouts would have been responsible for funding significant capital works but with a maximum lease of only 15 years. This offer had now been withdrawn.
• There had been significant housing development in the area and local feeling was that developers needed to give back to the community by providing a new scout hut.
• The Scouts had identified a developer willing to include a scout hut as part of an application to build 5 houses on a plot known as “land adjoining the Old Rectory, London Road, Aston Clinton”.
• Planning permission had been granted in August 2021 (21/00759/AOP) however there were issues with a restrictive covenant and with access over land owned by BC.
• The group had gathered 2511 signatures to show local support for the London Road application.
• BC had suggested an alternative site, Bulls Field, which was outside of the village losing the benefit of the central location. It was also felt that development on the Bulls Field site would not benefit from the same local support. It was stated that the Council was aware that this site was outside the current permitted development area and would be unlikely to be granted planning approval.

Mr J Reed, Director of Property & Assets – Buckinghamshire Council (BC), gave an overview of the report produced in response to the petition and circulated as a supplement to this agenda.

Key points highlighted included:

• The land adjoining the Old Rectory, London Road, Aston Clinton was privately owned but was subject to a restrictive covenant that required BC’s agreement to remove.
• There was also the issue of access across land owned by BC.
• The developer had made a financial offer to resolve these issues but the BC report outlined why the Property Team would not agree to these amendments meaning the whole development, not just the scout hut, could not progress. Effectively, BC had a property position on the development and could stop it progressing.
• An alternative site at Bulls Field had been suggested by BC.

The following points were discussed and made by Members of the Board:

• The Bulls Field would not be a sustainable site as it was on the periphery of the village. The proposed London Road site was an ideal location as it was central to the village; the Scouts would have access to the park for wider activities without having to travel from another site. It was a safe and sustainable location. There was no danger of development spreading further and ending up on Green Park as the land behind the site was owned by the parish council and Green Park was owned by Buckinghamshire Council. Covenants could be lifted.
• A Member of the Board stated that he did not believe the Council had a position on the matter. It was a position of the Property Department and had not been endorsed by the Planning Department who had granted planning permission under delegated powers, nor by Members of the Council. Past considerations which may have properly prevented the development of this land decades ago were no longer relevant and the Vale of Aylesbury Local Plan and the Neighbourhood Plan were now in place. This site was in the settlement area in the plan and thus it was permissible to build on it, hence the planning permission. Bulls Field was outside the settlement area. The covenants were created in a time before the Town and Country Planning Acts. The site could not be seen from Green Park as numerous trees and Rectory Farm were in the way. Planning application refusals in the past had referred to access to the A41, but that was no longer relevant following the opening of the by-pass. The increased size of Aston Clinton meant more children needed youth organizations like the Scouts. This was a well-being issue for the local community.
• A Member of the Board stated that in 1961 the County Council had agreed to the modification of the restricted covenant to allow the construction of a single dwelling house; the Planning Inspector when allowing the previous planning application (for four houses) had mentioned the covenant, stating that there was other residential development to the south east and west as well as screening along the London Road. As such, the grounds for turning down earlier planning applications were no longer applicable. The Scouts would be given the freehold of this land but would only have a lease of Bulls Field. The developer was funding the hall, but at Bulls Field the Scouts would have to fund it themselves. There were other places where the covenant had been removed. It was the best option for the local community. 
• It was noted that all BC councillors present were unanimously in supportive of the London Road site and expressed concern that Bull’s Field would not be an acceptable alternative. Buckinghamshire Council councillors present as per above were Cllr M Baldwin, Cllr S Bowles, Cllr M Collins, Cllr R Newcombe and Cllr P Strachan.

Members of the Community Board asked for Ms Parker, Community Board Co-Ordinator, to draft a report on the Community Board’s behalf to the relevant Cabinet Member and Service Director expressing the Board’s concerns. This would include a copy of the Scouts report. If no changes were agreed as a result of the report, Members of the Board stated that they expected the Cabinet Member and Corporate Director to attend the next Community Board meeting to explain their decision and the Council’s position. ACTION Ms Parker