19 April 2023
Buckinghamshire Council has issued the following statement, having reluctantly decided not to seek a Judicial Review of the recent Planning Inspector’s decision to grant the developer’s appeal:
“Buckinghamshire Council has carefully reviewed the Appeal decision in relation to the land between Lodge Lane and Burtons Lane, Little Chalfont. Additionally, we have taken advice from two separate leading barristers. Regretfully, the advice from both Counsels is that there is no reasonable prospect of the High Court granting permission to pursue a claim seeking the quashing of this decision.
Whilst the Council disagrees with the inspector’s decision and is disappointed, it is important to understand that any legal challenge must be based on errors of law, rather than any disagreement with the inspector’s conclusions.
In light of this advice and the considerable cost of pursuing a claim seeking the quashing of this decision, the Council has reluctantly decided not to pursue challenging the inspector’s decision.”
The Little Chalfont Parish Council (LCPC) and Little Chalfont Community Association (LCCA) share Bucks Council’s disappointment but accept that every avenue has been explored to find material grounds to lodge a legal challenge.
We shall await submission by the developers of a full application, which will cover those matters not included in the outline approval given by the Planning Inspector (known as ‘Reserved Matters’). The community will be able to comment on this application and we shall be scrutinising it to ensure that the best interests of the community are met.
We will carefully monitor implementation of the development proposals so we can take whatever action is needed to ensure the best possible outcome is achieved. Details will be advised in due course.
Joint Statement issued by the Parish Council and Community Association
March 2023
The Parish Council and Little Chalfont Community Association are very disappointed that an inspector of the government’s Planning Inspectorate has granted the developer’s appeal against Buckinghamshire Council’s decision to refuse the developer’s application. The application was for outline permission for housing and other facilities on Green Belt land between Lodge Lane and Burtons Lane.
We have worked hard to oppose this application ever since it was submitted, making substantial written and oral objections and commissioning professional studies of landscape, roads and ecology. We provided documentary and oral input at the public inquiry held in December 2022, where Buckinghamshire Council defended its decision to refuse the application. Despite these submissions, the inspector decided in favour of the developer.
We expect the next stage will be a further planning application by the developer, this time seeking approval by Buckinghamshire Council of details not included in the original application (‘reserved matters’). However, since the inspector gave outline approval to the application – in particular for the use of Lodge Lane and Burtons Lane for access – the development is likely to go ahead.
The Parish Council and Little Chalfont Community Association are considering how best to respond to the situation.
A copy of the comprehensive Decision Notice, also containing an extensive list of ‘reserved matters’ and conditions is available here.
Planning Inspector finds in favour of the developers
The Inspector’s Decision Notice was issued on 8 March 2023 and in a detailed assessment, concluded that very special circumstances existed to outweigh the harm to the Green Belt. Amongst other reasons, he highlighted a lack of new housing in the area, coupled with no evidence that a required 5 year supply was achievable, including affordable housing.
The allowed development grants outline approval for up to 380 houses, a retirement village of up to 100 units, a care home that will accommodate up to 60, plus other facilities and full approval for the proposed entrances in Lodge Lane and Burtons Lane.
When Buckinghamshire Council strongly defended its refusal and evidence had been supplied that countered the views of the developers in the joint submissions by the Little Chalfont Parish Council and Little Chalfont Community Association, great disappointment has been expressed by the community. Residents’ fears that the village does not have the infrastructure for such a disproportionate development for its own requirement, completely altering the whole character, clearly carried insufficient weight for the Inspector.
Appeal Inquiry closed – Planning Inspector’s decision now awaited
Updated 30 December 2022
The Public Inquiry commenced as planned on 8 December 2022 and closed on 20 December, with the presentation of closing submissions from the legal counsels acting for Buckinghamshire Council and the Developers (Appellants).
The principal matters dealt with at the Appeal Inquiry were only those where there were differences between the two main parties and these fell into three categories, namely:
- Landscape issues.
- The concept design of the proposed development
- Very Special Circumstances v Harm to the Green Belt (The Planning Balance)
As usual in appeal procedures, before the inquiry began the two main parties had worked through Bucks Council’s 11 reasons for the original refusal, trying to reach agreement where possible. Aided by many additional reports supplied by the developers, the two main parties managed to reach agreement on all aspects except the three listed above and ‘Statements of Common Ground’ were issued, including one on Highways and Access (see below).
Nevertheless, the Planning Inspector will still need to satisfy himself on any aspect that links to the reasons for the original refusal, and is expected to consider all existing submissions and evidence before reaching his decision. New comments are not invited at this stage.
Involvement of the Parish Council and the Community Association
Representatives the Parish Council and Community Association (LCPC/LCCA), attended the Inquiry as an ‘interested party’ and during the proceedings, submitted emails to the Planning Inspector to draw his attention to matters raised which needed correction or clarification. All of these were acknowledged.
On the first day of the Inquiry, opening verbal statements were permitted from ‘interested parties’ and the LCPC/LCCA representative made a statement. The Inspector also accepted a note from LCPC/LCCA setting out continuing objections on highways and access.
The contents of both of these may be of interest and links to the PDF documents are as follows:
Transcript of the LCPC/LCCA opening statement
What happens next?
The matter is now entirely in the hands of the Planning Inspector. We can but wait patiently for his report and decision.
Planning Inspectorate Confirms Inquiry Dates
Updated 21 November 2022
Residents who sent comments in response to the original planning application will have received a letter from Bucks Council notifying them of the date and place of the appeal hearing – a public inquiry at the council offices at King George V Road in Amersham, starting at 10 am on 8 December. The letter invited those interested to register to take part in the inquiry if they so wish.
The Parish Council and Little Chalfont Community Association will be taking part in the inquiry as ‘interested parties’. We have already submitted appropriate documents putting our case for dismissal of the appeal. Appeal inquiries concentrate on the legal and technical aspects of the application. The planning inspector who chairs the inquiry will already have received all the documentation and comments submitted to Bucks Council before the council took the decision to refuse the application, together with the additional comments referred to in the posting below dated 14 September.
There is no need for residents to attend the appeal inquiry to repeat points they have already made, or just for supportive reasons. Of course we have no objection if others wish to participate to make points of substance which are not covered in our earlier submissions or in comments from the community. It would be helpful if anyone who has registered with Bucks Council to do this would let us know by emailing either lpcoordination@btinternet.com or clerk@littlechalfont-pc.gov.uk.
As the letter explains, it is also possible to register to watch the proceedings online, via Microsoft Teams, as a non-participating observer – if you did not receive the letter, a copy is available here.
Joint written statement to the Planning Inspector submitted by Little Chalfont Parish Council and Little Chalfont Community Association
Updated 14 September 2022
To supplement the very comprehensive objection, with supporting evidence, which was sent to Bucks Planning and which played its part in achieving a refusal of the application, the Parish Council and Community Association has followed this up with a joint statement, for consideration by the Planning Inspector.
In addition to new material (see posting below) and some clarifications, it also includes our comments on the Statement of Case already submitted by the appellants (developers) and, for the first time, under the heading ‘Reserved Matters’, our concerns about exactly what would be put in the development if it finally receives permission.
Whether or not the Planning Inspector is minded to uphold the appeal, it is the practice at Public Inquiries for there to be a session with the local planning authority and appellants, to agree potential Reserved Matters and conditions. It was important, therefore, for our statement to include key aspects that would influence the parties at that session.
The Coordination Group (which recommended the contents of the written statement) will now be monitoring both the websites of Bucks Planning and the Planning Inspectorate for this appeal, so that any additional documents that could well be submitted are read, assessed and, if possible, action taken.
When possible, any material matters will be published on this website, otherwise the next major event will be the Inquiry itself. The Coordination Group will ensure that it is represented at each day of the Inquiry, starting on 8 December and estimated to last for 10 days. Importantly, there will be an opportunity at the beginning of the Inquiry for us to speak and to answer any questions from the Inspector. We shall draw the Inspector’s attention to the main points in our written statement.
It is confirmed that further comments from individual residents will not be necessary.
The documents that you may wish to read, together with their links are as follows:
- Our Joint written Statement (click here)
- Site Appraisal by Michelle Bolger – supporting our written statement (click here)
- Statement of Case – Appellant (click here)
- Statement of Case – Buckinghamshire Council – (click here).
- Our original comprehensive objection, without the evidence documents (click here)
Refused Application Appealed
The appeal details started to appear on the Bucks Planning website under reference PL/21/4632/OA on 16 August 2022. The Planning Inspectorate will consider the appeal at a public enquiry scheduled to commence on 6 December 2022.
The Coordination Group, acting on behalf of the Parish Council and Community Association, is assessing the basis of the appeal and considering how to make the most effective representations at the enquiry on behalf of the community.
The Planning Inspector will have access to all our submissions to date, and will want only new or updated comments. The Coordination Group does not expect that further submissions from individuals will be necessary.
More information will be posted here, following the assessment.
Application Refused!
The application was refused by the Strategic Sites Planning Committee at their meeting on Thursday 21 April.
We wait to see what the developer does next.
Joint objection lodged by our Parish Council and Community Association
The objection is very detailed and challenges, using many planning arguments, the claims made and impressions created by the developers in their application for Outline Planning Permission for the site. Its conclusion reads:
“We consider that our objections, summarised in the Key Points at the head of this submission and then set out in detail, show that this application should be refused, to protect the Green Belt, to prevent two completely unsuitable roads being used for access, and to prevent other harm to the environment, amenity, and infrastructure of our village and its surroundings. We ask Buckinghamshire Council to refuse the application.”
The joint objection was supported by professional reports prepared for the Coordination Group, which prepared the response on behalf of the Parish Council and Community Association. These reports were commissioned using funds donated by residents in our community. The full submission contained the following documents, all of which can by read/downloaded by clicking on the adjacent links:
Joint Objection (click here)
Appendix A: Independent Highways Assessment (click here)
Appendix B: Review of Landscape and Visual Impacts (click here)
Appendix C: Review of submitted Ecological Information (click here)
Appendix D: Map showing the extent of the Dry Valley (click here)
The original target date for a decision was 29 March but this was missed after additional documents were submitted by the developers. A further joint response from the LCPC & LCCA was then made. This response, and the accompanying report from the consultants can be viewed here:
Outline Planning Application submitted for land between Burtons Lane and Lodge Lane
The reference number for the application is PL/21/4632/OA. To view, please click here.
Statement
Our response to the letter addressed to the community by the directors of the development company
Having read the open letter to the community, we feel bound to say that we strongly disagree with its contents and the impression that the developers are trying to create. We stand by all the areas of objection contained in our leaflet. When the joint response of the Parish Council and Community Association is submitted, it will supply arguments against the proposals, based on planning requirements and with evidence that counters contentions put forward by the developers in their application and in the above letter.
Not only will we show that this land should remain in the Green Belt, but also that the proposals, including those for access to the development, are not compatible with the needs of our village. We are aware that there is a housing need in this area, but releasing this Green Belt is not the answer.
We are motivated solely by what is in the best interests of our village.
Issued by the Coordination Group, which acts on behalf of the Parish Council and Community Association.
Description of the Application
Outline application for the demolition of all existing buildings and the erection of residential dwellings including affordable housing, custom build (Use Class C3), retirement homes and care home (Use Class C2), new vehicular access point off Burtons Lane, improvements to existing Lodge Lane access including works to Lodge Lane and Church Grove, new pedestrian and cycle access at Oakington Avenue including construction of new pedestrian and cycle bridge and associated highway works, a local centre including a community building (Use Classes E(a)(b)(e), F2(b)), land safeguarded for educational use (Use Classes E(f) and F1(a)), public open space and associated infrastructure (matters to be considered at this stage: Burtons Lane and Lodge Lane access).
THE DATE FOR SUBMISSIONS HAS PASSED AND THE APPLICATION IS NOW CLOSED FOR COMMENT
For those looking for more detail:
1000’s of pages of documents were submitted with the application, and these were reviewed by the Coordination Group on behalf of the Parish Council and Community Association.
There was one key document that summarises many of the claims made by the developers, which they believe justify the development. This is the Planning Statement, a pdf of which can be viewed here.
There was a great deal to challenge in this document, and it was addressed in the joint response from the Parish Council and Community Association, which has been made available on this website.
One matter covered in the Planning Statement was the clarification that the developers are seeking detailed consent (meaning full approval) for the accesses at Lodge Lane and Burtons Lane. The suitability of both these points of access has been seriously questioned by the community since the site was first proposed for the now withdrawn Local Plan. The mitigation put forward by the developers did little to convince that the concerns have come anywhere near to being overcome. The Coordination Group gave a great deal of focus to the access issue and took expert advice on how to counter the suitability claims.
The Transport Statement, setting out the proposed mitigation, is also available to read/download here.
With the exception of the demolition of the two properties plus outbuildings, for which full approval is also sought, everything else in the Masterplan application seeks only outline permission. Should this be approved, it means that detailed plans will be submitted later (these are known as Reserved Matters Applications).
Scoping Opinion Requested by Developer (prior to Planning Application)
BUCKS COUNCIL HAS RESPONDED TO THE ‘SCOPING OPINION’ REQUEST BY THE DEVELOPER
Bucks Council’s response can be found here.
The Coordination Group also prepared a response, available here.
PROPOSAL TO BUILD ON OUR GREEN BELT: SEE MORE DETAILS FROM THE DEVELOPERS IN THEIR APPLICATION FOR AN ENVIRONMENTAL ‘SCOPING OPINION’
The developers who want to build on the Green Belt at the former golf course and Homestead Farm have now applied for a ‘scoping opinion’ from Bucks Council – they are seeking advice on what they should cover in environmental evidence with their planning application in the autumn.
The report’s introduction summarises the plan as follows:
“It is envisaged that the redevelopment would comprise the demolition of existing buildings on the site and construction of:
- up to 380 homes (including 40% Affordable Units)
- 100 unit Retirement Village (Use Class C2/C3 – ‘Housing for Older People’)
- 60 bed Care Home (Use Class C2 – ‘Care Home’)
- Safeguarded land for a 1FE Primary School/ Primary School Expansion with nursery
- Community Centre (possibly including retail use, flexible office space, satellite GP surgery) and,
- New public parkland”
The long report contains a great deal of information about the landscape, ecology and biodiversity of the site, and some information on the proposed buildings.
You can access the report on the Buckinghamshire Council planning website: https://pa.chilternandsouthbucks.gov.uk/online-applications
You will need to cut and paste this reference – PL/21/3073/EIASO – into the Search field, and then select the ‘Documents’ tab, where you can view the document by clicking on the icon to the right of the ‘Additional Information’ item.