Agenda item

Proposal:  Outline application (including details of access and layout) for erection of 101 dwellings with all other matters reserved (amended plans received).

Chris Steuart, Team Leader, Development Management, provided an overview of the last meeting as a reminder for the committee members and for the benefit of Councillor Egleton.

Declan Cleary, Principal Planner, provided a verbal update and stated that Members had received communications from Little Missenden Parish Council and Hazlemere Parish Council as well as the legal transcript from appellant’s QC, Paul Tucker.

Rachel Steele, Lawyer, provided a statement on the legal position regarding the relevant policy and the legal opinion submitted by the appellant since the last Committee meeting. 

It was proposed by Councillor Peter Cooper and seconded by Councillor Trevor Egleton that the Committee be minded to grant planning permission for the proposed development subject to the satisfactory completion of a Legal Agreement and satisfactory planning conditions, or if these were not achieved, that the application would have been refused.

On being put to a vote the motion was declared to be lost.

The committee members adjourned from 17.15 to 17.48 pm.

Upon reconvening, it was proposed by Councillor Richard Newcombe and seconded by Councillor Jonathan Waters and agreed at a vote.

Resolved: 

that the Committee would have been ‘minded to refuse’ planning permission for the proposed development for the following reasons:

1.            In the opinion of the Local Planning Authority, the proposed development would not deliver a comprehensive development of the site and as such fails to ensure that high quality place making and design, within HW8 as a whole, would be delivered. By reason of its overall layout and context proposed development would fail to provide a cohesive development, and would fail to maintain the appropriate sense of separation between Hazlemere and Holmer Green. Consequently, the proposed development would not, by definition, meet the key design principals required to achieve high quality sustainable well designed places contrary to Policies CP1 (Sustainable Development), CP7 (Delivering the Infrastructure to Support Growth), CP9 (Sense of Place), CP10 (Green Infrastructure and the Natural Environment), HW8 (Land off Amersham Road, including Tralee Farm), DM33 (Managing Carbon Emissions: Transport and Energy Generation), DM34 (Delivering Green Infrastructure), DM35 (Placemaking and Design Quality) and DM39 (Managing Flood Risk and Sustainable Drainage Systems) of the Wycombe District Local Plan (2019), Policies DM11 (Green Networks and Infrastructure) and DM14 (Biodiversity in Development) and DM16 (Open space in new development) of the Wycombe District Delivery and Site Allocations Plan for Town Centres and Managing Development (2013), Guidance contained within the Residential Design Guide SPD, and advice within the National Planning Policy Framework (2021).

2.            In the absence of a Legal Agreement the proposed development would fail to secure:

a)      The provision of a minimum 48% on-site affordable housing (and related controls), the absence of which would mean that the development would fail to meet an appropriate mix of housing and the required housing needs within the area.

b)      The provision of 5 custom/self-build dwellings, the absence of which would mean that the development would fail to deliver an appropriate mix of housing and deliver the growth of the self-build and custom build sector.

c)      The provision of on-site public open space, including play equipment and its future management and maintenance, including on site woodland and delivery of pedestrian/cycle/emergency vehicle connections, the absence of which would mean that the development would fail to deliver an appropriate level of public open space within the development in the interests of the amenity, health and well-being of future occupants of the development, delivering appropriate Green Infrastructure, and delivering sustainable communities.

d)      Financial contribution towards a MUGA and NEAP within HW8 as necessary, the absence of which would mean that the development would fail to contribute towards an appropriate level of play facilities within the development in the interests of the amenity, health and well-being of future occupants of the development and delivering sustainable communities.

e)      The future management and maintenance of on-site sustainable drainage system, the absence of which would mean that the development would fail to provide adequate drainage of the site and reduce the cause and impacts of flooding.

f)       The provision of a scheme of biodiversity off-setting to provide a net gain in biodiversity, the absence of which would mean that the development would fail to appropriately compensate for the loss of on-site biodiversity and deliver a net gain in biodiversity.

g)      Financial contributions towards off site highways works including RTPI upgrades to bus stops and waiting restrictions within Highway, the absence of which would mean that the development would fail to deliver the necessary connections and enhancements to existing bus routes, as required by Policy HW8, and in the interest of promoting the use of sustainable transport modes.

h)      The provision of a pedestrian route (either permanent or temporary until other routes are provided) to provide access between Wycombe Road and the southern site boundary if required by the needs of the HW8 development that will gain its vehicular access from Amersham Road including a step in right for the route to be constructed if the Tralee development does not proceed as fast as the reminder of the HW8 development, the absence of which would mean that the development would fail to deliver the necessary pedestrian and cycle connections with the wider HW8 site, as required by Policy HW8, and in the interest of delivering sustainable development.

i)        The removal of any ransom opportunities relating to other development of the HW8 site, the absence of which would mean that the development would fail to deliver a comprehensive development with the wider HW8 allocation.

j)        Financial contribution towards primary education in the area, the absence of which would mean that the development would fail to provide for the identified community facility needs arising of the development.

The development is contrary to Policy CP1 (Sustainable Development); CP4 (Delivering Homes); Policy CP7 (Delivering the Infrastructure to Support Growth); CP9 (Sense of Place); CP10 (Green Infrastructure and the Natural Environment); CP12 (Climate Change); HW8 (Land off Amersham Road including Tralee Farm, Hazlemere); DM22 (Housing Mix); DM24 (Affordable Housing); Policy DM33 (Managing Carbon Emissions: Transport and Energy Generation); Policy DM34 (Delivering Green Infrastructure and Biodiversity in Development); Policy DM35 (Placemaking and Design Quality); and, Policy DM39 (Managing Flood Risk and Sustainable Drainage Systems) of the Wycombe District Local Plan (2019), Policy DM2 (Transport Requirements of Development Sites); Policy DM14 (Biodiversity in Development); Policy DM16 (Open Space in New Development); and, Policy DM19 (Infrastructure and Delivery) of the Wycombe District Delivery and Site Allocations Plan for Town Centres and Managing Development (2013), the Planning Obligations SPD, and advice contained within the National Planning Policy Framework.