East & South Buckinghamshire Area Planning Committee - Tuesday 3 February 2026, 6:30pm - Buckinghamshire Council Webcasting

East & South Buckinghamshire Area Planning Committee
Tuesday, 3rd February 2026 at 6:30pm 

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  1. Cllr Jonathan Waters
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  1. Mrs Clare Gray
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  2. Cllr Cole Caesar
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  5. Cllr Jackson Ng
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  8. Cllr Jonathan Waters
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  1. Mr Richard Regan
  2. Cllr Jonathan Waters
  3. Cllr Martin Tett
  4. Mr Ben Robinson
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  8. Cllr Martin Tett
  9. Mr Richard Regan
  10. Mr Ben Robinson
  11. Cllr Martin Tett
  12. Cllr Jonathan Waters
  13. Cllr Jackson Ng
  14. Mr Ben Robinson
  15. Mr Richard Regan
  16. Mr Ben Robinson
  17. Cllr Jackson Ng
  18. Mr Richard Regan
  19. Cllr Jonathan Waters
  20. Mr Richard Regan
  21. Cllr Jonathan Waters
  22. Cllr Stuart Wilson
  23. Mr Ben Robinson
  24. Cllr Stuart Wilson
  25. Mr Ben Robinson
  26. Cllr Stuart Wilson
  27. Mr Ben Robinson
  28. Cllr Stuart Wilson
  29. Mr Ben Robinson
  30. Cllr Stuart Wilson
  31. Mr Ben Robinson
  32. Mr Richard Regan
  33. Cllr Stuart Wilson
  34. Cllr Jonathan Waters
  35. Cllr Mark Roberts
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  37. Cllr Mark Roberts
  38. Cllr Jonathan Waters
  39. Mr Ben Robinson
  40. Cllr Kirsten Ashman
  41. Mr Ben Robinson
  42. Cllr Kirsten Ashman
  43. Mr Ben Robinson
  44. Cllr Wendy Matthews
  45. Mr Richard Regan
  46. Cllr Wendy Matthews
  47. Mr Richard Regan
  48. Cllr Wendy Matthews
  49. Mr Richard Regan
  50. Cllr Wendy Matthews
  51. Mr Richard Regan
  52. Cllr Wendy Matthews
  53. Mr Ben Robinson
  54. Cllr Wendy Matthews
  55. Mr Richard Regan
  56. Cllr Wendy Matthews
  57. Mr Ben Robinson
  58. Cllr Jackson Ng
  59. Cllr Jonathan Waters
  60. Cllr Stuart Wilson
  61. Mr Ben Robinson
  62. Cllr Stuart Wilson
  63. Cllr Jonathan Waters
  64. Cllr Jackson Ng
  65. Cllr Jonathan Waters
  66. Cllr Martin Tett
  67. Mr Richard Regan
  68. Cllr Martin Tett
  69. Mr Richard Regan
  70. Cllr Martin Tett
  71. Mr Ben Robinson
  72. Cllr Martin Tett
  73. Mr Ben Robinson
  74. Mr Richard Regan
  75. Cllr Martin Tett
  76. Mr Ben Robinson
  77. Cllr Stuart Wilson
  78. Cllr Jonathan Waters
  79. Cllr Wendy Matthews
  80. Mr Ben Robinson
  81. Mr Richard Regan
  82. Cllr Wendy Matthews
  83. Mr Richard Regan
  84. Cllr Jonathan Waters
  85. Mr Ben Robinson
  86. Cllr Wendy Matthews
  87. Mr Ben Robinson
  88. Cllr Jonathan Waters
  89. Cllr Kirsten Ashman
  90. Mr Ben Robinson
  91. Cllr Kirsten Ashman
  92. Mr Richard Regan
  93. Cllr Kirsten Ashman
  94. Mr Richard Regan
  95. Cllr Kirsten Ashman
  96. Mr Richard Regan
  97. Cllr Thomas Hogg
  98. Mr Richard Regan
  99. Cllr Thomas Hogg
  100. Mr Richard Regan
  101. Mr Ben Robinson
  102. Cllr Stuart Wilson
  103. Cllr Jonathan Waters
  104. Cllr Stuart Wilson
  105. Cllr Martin Tett
  106. Cllr Mark Roberts
  107. Cllr Jackson Ng
  108. Cllr Jonathan Waters
  109. Cllr Kirsten Ashman
  110. Mr Ben Robinson
  111. Cllr Jonathan Waters
  112. Mr Ben Robinson
  113. Cllr Thomas Hogg
  114. Cllr Stuart Wilson
  115. Mr Ben Robinson
  116. Cllr Jonathan Waters
  117. Mr Ben Robinson
  118. Cllr Jonathan Waters
  119. Cllr Stuart Wilson
  120. Mr Ben Robinson
  121. Cllr Stuart Wilson
  122. Cllr Jackson Ng
  123. Mr Ben Robinson
  124. Cllr Jonathan Waters
  125. Mr Ben Robinson
  126. Cllr Jonathan Waters
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  1. Webcast Finished

Cllr Jonathan Waters - 0:00:08
Good evening, ladies and gentlemen, and welcome to the East and South Buckinghamshire Area
Planning Committee. I'm Councillor Jonathan Waters. I'm vice -chairman of the committee.
And as Councillor David Moore is unable to make this evening's meeting, I'll be chairing
the meeting in his absence. Before I start the agenda, I'll have a couple of housekeeping
items. For your information, this meeting is being webcast and entering the room you
have consented to be filmed. However, if members of the public do not wish to have their image
captured, please advise the committee clerk and we'll help to sit you in a place which
will not be filmed. The fire exits are located at the back of the chamber down the main stairs
out of the front door. Please follow me and you will congregate outside the space located
over the bridge towards the roundabout. We now move to Agenda item 1, apologies

1 Apologies for absence

Mrs Clare Gray - 0:01:06
for absence. Thank you Chairman, we have apologies from David Moore, Paul Gryphon
and Councillor Frances Nella substituting for Councillor Mojave -Fayes.

2 Declarations of interest

Do we have any declarations of interest? Item 2.
Cllr Jonathan Waters - 0:01:19
Cllr Cole Caesar - 0:01:26
and I have come into this committee open -minded.
Thank you.
Councillor Asher.
Thank you.
Cllr Kirsten Ashman - 0:01:36
Same application.
I'm a member of that ward, but I come here with an open mind.
Thank you.
Thank you.
Thank you.
Councillor Ng, do you have a declaration to make from the agenda?
Cllr Jonathan Waters - 0:01:52
Cllr Jackson Ng - 0:01:57
Cllr Jonathan Waters - 0:02:05
Cllr Jackson Ng - 0:02:09
Cllr Jonathan Waters - 0:02:13
Yes, so that's fine. Yes. Fine. Thank you very much. Agenda item three. May I have your

3 Minutes of the previous meeting

approval that I can sign off the minutes of the previous Eastern South Bucks Area Planning
committee meeting held on 13th of January 2026 these on pages three to
four of your pack are you all happy thank you

Planning Applications

4 PL/25/0354/FA Boveney Court Farm, Boveney Road, Dorney, Buckinghamshire

you now move to agenda item for PL stroke to five stroke zero three five
4 through FA that's probably caught farm lovely Road Dornay
Buckinghamshire this this item is on pages 5 to 134 of your pack this
application has been before the committee previously and only the
following members in attendance on the first occasion that that application
came to committee will be able to vote on the item these members are councillor
Ashman cancer Caesar
cancer Nella
cancer Matthews cancer and cancer Roberts
myself and
Councillor Wilson
Those members who are not present when the application was first considered can ask technical questions of officers and may participate in the debate
But may not vote
Which is only councillor Ted at this meeting
I
Now hand over to Richard Reagan who will introduce this item
Mr Richard Regan - 0:03:40
Thank You Chairman so this application seeks planning permission for the
redevelopment of the site to provide 12 residential dwellings the application
was considered by members at the committee meeting in September of last
year and the decision was deferred to enable an updated viability assessment
to be undertaken and for clarification to be provided on what measures there
will be for the protection of bats.
The applicant has now appealed the non -determination
of this application.
Accordingly, the council are no longer able
to make a decision on the application.
However, there is a need to inform the council's case
to present to the planning inspector.
The committee are therefore requested
to consider the application and advise what their decision
would have been in order to allow officers
to prepare a case for appeal.
So the recommendation being put to members by officers has been slightly reworded from
that that was on the published committee report.
It's there on the slide on display.
And that is it's been slightly reworded.
Ultimately it's requiring the same but it's been altered to ensure that it is clear on
what members are voting and the reason for that recommendation.
So in terms of just the quick recap of the application itself to remind members,
this is the site that's down in Bovney,
that's close proximity to Dorney Lake, identified there by the red marker.
The application site there consisting of existing buildings,
one of which is a listed building adjacent to partly, shall I say, in the
conservation area. Some photos of the site to remind what it looks like.
Existing buildings here, that's the listed building on the left. Other
existing buildings that will be converted, building there to be replaced.
Views into the sites from the north and then there's a layout of the site there converting
existing buildings in B and the ones that are labelled F, G and E. New developments here,
pair of semis H and G and there was a row of terrorist properties here M to K
at the previous committee meeting members expressed the wish to defer the
application to enable an updated independent viability assessment to be
carried out and to allow for potential discussions to take place between the
officers and the applicants in relation to reconsidering the level of
affordable housing provision an independent viability assessment was
commissioned and a copy of that assessment is attached to Appendix C of
the committee report. The report concludes that it is not viable for the
proposed development to provide a contribution towards affordable housing.
Notwithstanding this it should be noted that the applicant is still willing to
provide a financial contribution that equates to a 21 % provision towards
affordable housing.
With regard to the matter of the protection of bats, members wish for clarification to
be provided to enable the committee to view what the actual on -site measures would be
for the protection of bats prior to the committee actually making decision on the application.
These bat mitigation measures have been set out within the amended committee report that's
before you.
The Council as a College Officer considers that these bat mitigation measures are appropriate
and acceptable and would prevent bats from being adversely impacted upon.
So in conclusion, it has been demonstrated that a higher contribution towards affordable
housing is not viable and clarification has been provided of the bat mitigation measures.
It's also noted that members did not raise objections on any other matters.
Overall, it is your officer's view that the development is acceptable and the recommendation
is that the committee resolve had an appeal against non -determination not been lodged
by the applicant, the committee would be minded to grant the planning commission subject to
the conditions set out in the committee report and the satisfactory completion of a planning
obligation that secures the provision of the financial contribution towards affordable
housing and health care. Thank you Chairman. Thank you. As there are no there's no
Cllr Jonathan Waters - 0:08:42
public speaking on this application due to having been before the committee
previously so we can now move straight to any technical questions that you
would have for the officers. Councillor Tett. Thank you Chairman. As you said I wasn't at
Cllr Martin Tett - 0:08:58
the previous meeting therefore I'll not be able to vote on this. I nevertheless
have come here with an open mind and no pre -determination on this issue.
I have read the report in great detail.
I'm interested in this issue of the golden rules and how these apply here.
I've come across a previous example of a planning committee where the criteria of the golden
rules were not met and yet the land was still classified by the officers as grey belt.
I had understood, having followed the national debate on the changes in the MPPF, that actually
the positioning of the government was that to release green belt it had to
meet the golden rules now what I'm reading here is somewhat similar in so
far as as I read it and I'm looking at paragraph 416 in particular the major
the golden rules are set out and it says here a it has to provide an amount of
affordable housing and from my recollection that has to be in line with
the local policy. They did try to get 50 % but that wasn't agreed by the
development industry so they defaulted down to the local policy. Secondly
provides necessary improvements to local and national infrastructure and thirdly
provide new or improved existing green space that's accessible to the public. As
I have read this report and please correct me officers if I'm incorrect, it
does not meet the appropriate amount of affordable housing as required by local
policy. Now you've accepted the applicant's viability assessment but
just factually it does not meet that. Secondly in terms of necessary
improvement to local or national infrastructure the only infrastructure
that's mentioned in the report is a contribution to the integrated care
board, a relatively small one. Yet in the report there are mentions of highways
objections in terms of particularly the access to the site and the difficulty of
accessing the site through narrow country lanes potentially for
pedestrian cyclists and so on. So my question to you is you know is is that
actually an accessible is that the requirement outlined in the MPBF in
terms of a contribution to local infrastructure because it doesn't seem
to me that there's been a very wide look or what the necessary infrastructure is
that's required for this site.
Not saying it's the reason to reject it,
but maybe that should have been taken into account
when looking at the contribution.
And thirdly, to provide new and improved
existing green spaces that are accessible to the public.
And again, as I read this officer's report,
it doesn't provide that either.
There is no public access to the proposed green space.
So as far as I can see, those rules that are set out
in paragraph 156 of the MPPF, none of them are actually met.
And if you look at the issue of sustainable transport,
which is also mentioned in the MPPF,
the reference in here,
and I've had to flick to try and find the appropriate,
yes, I think it's 432, 4 .32,
that says it is considered the site is efficiently accessible
to not be isolated or unsustainable.
I believe the wording in the MPPF is different,
and actually what they require is public transport
or sustainable transport such as walking or cycling,
which does not appear to be the case here either.
So I'm just interested in why this has been put forward
in the way that it has, given that it appears
that none of the requirements in the MPPF for Graybelt
are being met, but I stand to be corrected, of course,
by the officers.
Mr Ben Robinson - 0:12:51
I'll just deal with the first part of the question with regards to the grey belt question.
You are correct that if the application had been assessed under the grey belt exceptions
for inappropriate development in the green belt, then if it hadn't complied with the
golden rules it would then be inappropriate development in the green belt.
In this case it's actually been assessed under one of the other exceptions, which is
other exceptions in paragraph 154G, which relates to previously developed land.
So that exception allows for the redevelopment of previously developed land, provided it
doesn't result in a substantial impact on the openness of the green belt.
That issue was dealt with under the previous appeal that was dealt with previously. The
Inspector didn't regard the application nor the proposal would have a substantial impact
on the openness of the Green Belt, so it was considered that the proposal met that exception
and wasn't in appropriate development. However, the issue of the golden rule still applies,
although it's a standalone issue.
It's not required under the exception to inappropriateness
in the Greenbelt, it's just standalone.
So it's still a requirement to have regard
to whether or not it meets the golden rules.
So that's set out in the report,
and it's acknowledged that having,
with regards to the affordable housing element,
it's not meeting that part of the golden rules,
and therefore that's been put in the balance as part of the officer's
recommendation. In terms of the remainder of the questions I'll hand you over to
the case officer.
Mr Richard Regan - 0:14:43
So to remind me what the outstanding questions in need. Let me maybe remind
the officer if he was distracted. The golden rules as set out in this report
Cllr Martin Tett - 0:14:57
require the affordable housing to be of the percentage
required locally, which your colleague has admitted
that's not the case in this instance.
There's also requirement for contribution
towards essential local or national infrastructure.
There is a small contribution towards
the integrated care board.
But there's mention in the report about the difficulty
of accessing the site and there doesn't appear to be
any contribution towards highways or sustainable transport
on the site.
And I thought sustainable transport
was one of the key requirements,
albeit for the grey belt,
rather than the previous development land.
And thirdly, requirement for green space
to be publicly accessible,
which again the report indicates that it's not.
So I'm just interested,
why it's been recommended in the way that it has,
when it seems not to meet any of the requirements
Mr Richard Regan - 0:15:57
in the golden rules. So yeah so the first aspect in terms of the affordable
housing so the report does set out that it doesn't meet the required 50 % that's
for the in this instance it's quite clear there so it doesn't meet that
requirement the golden rules in terms of the infrastructure requirements the the
The only requirements that we had presented to us
was from the health authority,
and they provided the calculations
in terms of what the infrastructure was required for that.
We didn't, ultimately the highways department
didn't object to the scheme,
and they didn't put forward any requirements
for infrastructure improvements.
So we can only secure infrastructure improvements and
requirements from where there's evidence that demonstrates they
are necessary.
And on this basis, given that we only had that from the health
authority, that's all that we could secure.
So on that basis, it was considered that that element of
the golden rules had been met.
And in terms of the final elements,
in terms of the open space, again, yes, it's agreed and it's set out in the report that
it doesn't meet that objective of the golden rule.
So overall, it is concluded that the golden rules can't be met, and that is weighed in
the balance, and that does weigh against the scheme when balancing the benefits and the
harms.
Cllr Martin Tett - 0:17:45
So just sorry if I may chairman just so I understand completely what's been said by the officers you accept the golden rules are material
Consideration you accept that it has not met the affordability
Element of the golden rules you accept that it hasn't met the green publicly accessible green space aspect of the golden rules
I'm just gonna ask well highways asked whether they wish to see a contribution towards local highways infrastructure or was that effectively left mute?
So we didn't pose the question to them.
Mr Richard Regan - 0:18:15
We would rely on them to us with the evidence of any requirements that we have.
Mr Ben Robinson - 0:18:26
It's worth mentioning that what the golden rule says is necessary contributions towards
infrastructure.
Say for it to be necessary there would need to be some form of issue that was being mitigated.
In this case, the highway authority haven't raised objections and they haven't given any any reason to
necessary
Contributions that are necessary to to remedy the any any
Harm resulting from the development. So we wouldn't be we wouldn't have strong grounds for
requiring a
Contribution in that respect and I completely accepted the highways team didn't request that
Cllr Martin Tett - 0:19:06
I'm just surprised and I guess my question therefore is to the highways team ultimately why given the MPPF definition of
Sustainability is that it's accessible by public transport or walking and cycling
Which appears to be difficult from this site that the highways team did not request any
Any contribution for local infrastructure, but I accept totally a word that they didn't ask for it
And therefore, you know, that's that's by the by I do find that very surprising
but still doesn't therefore meet two of the three aspects of the golden rules.
Thank you for that.
Cllr Jonathan Waters - 0:19:40
I think once we get into highways, as the committee will know, on all applications,
it is quite difficult for the committee to override highways as the technical experts.
And so, and though quite often we try to, that hasn't actually gone very well on a number of
So that's one of the bars which is quite difficult for us as committee and I think before we
go to the other individuals, the other thing we need to think about is and has been set
up by the officers is the golden rules have not been met but is that weighed by some of
the other benefits and the clear benefits and that's what we're into within this application.
So and I think all the points you've raised are totally valid to raise
And then councillor Wilson
Thank You chairman
I think councillor Ted has basically
Cllr Jackson Ng - 0:20:35
Rerun the arguments that I've raised back in September last year in depth
We're whereby I was bit surprised by the approach to council offices were taking
But I don't plan to rehearse those arguments again because I think we're just gonna hear repeat that the material consideration etc
so that outweighs it.
What I want to know from the offices, Chairman,
is has there been any recent permissions on Great Belts
or similar sites within this authority
or any other authorities when there has been
a considerable or comparable short for,
against the golden rules, affordable housing requirement
and it's been accepted?
And if so, on what basis?
So what I'm looking for is precedent
or are we actually creating precedent in this committee
to effectively say, well, you know, 50 % for the housing,
but if it doesn't meet it, let's go ahead,
and therefore any other applications coming forward
within this authority will simply have to fall behind us
because the precedent has been set.
Thank you.
Mr Ben Robinson - 0:21:38
Mr Richard Regan - 0:21:40
So I'm not aware of similar applications
or developments within this authority,
But there are examples of appeal decisions where the golden rules haven't been met and
the inspector has weighed that in the balance.
So they've weighed the harm by not meeting the golden rules in the balance against the
benefits of the scheme.
So that would be outside the authority.
Mr Ben Robinson - 0:22:09
So we've looked at appeal decisions nationally to see how inspectors have interpreted that
policy and as Richard says they have taken it in the balance and the I think
the important points are get across which is also in the report is that in
this case because we haven't got a five -year housing land supply we do have
to apply the utility balance so we have to be showing that if we were to refuse
permission we have to show that any adverse impacts of granting permission
would significantly and dimensionably outweigh the benefits when assessed
against the policies and the framework taken as a whole.
And therefore, on that basis,
the officers made the assessment,
they've applied weight to the lack of compliance
with the golden rules,
but then taken it into account in terms of the benefits,
which includes housing and benefits to the listed buildings
and some other benefits such that it's considered overall
to outweigh the harm by all the conflict.
It's essentially, it's not harm in the sense
that it's resulting in physical harm
or something like that.
It's a conflict with the policy in the MPPF,
which are outweighing.
Thank you, Richard.
Thank you, Ben.
I accept that.
Cllr Jackson Ng - 0:23:28
I expect the planning spectrum and decisions
into the balance, et cetera.
So therefore, it leads me to my next question,
which is my understanding is when full provision
of affordable housing cannot be met. Inspectors quite sometimes will say
actually within the legal agreement let's have a mechanism where if there's
a viability in uplift to increase the affordable housing let's put that in
there. Is that the case in this situation? And if so can you explain to
this committee what what means for Buckinghamshire Council. Thank you.
So yes the the
draught unilateral
Mr Richard Regan - 0:24:05
undertaking that was submitted as part of the scheme and has
Still forms part of the non termination appeal
It does the seeks to secure a review mechanism. So if there is an uplift
in the
The revenue the sales the profits
Then it will require
viability to be re undertaken to see if the there can be an increase in the
amount of affordable housing provision that can be secured
Cllr Jonathan Waters - 0:24:42
and just quickly on that hopefully the reverse can't happen
Mr Richard Regan - 0:24:52
and well it will secure so the amount of money that is secured would be the 21
but 21 equivalent to 21 percent so that can't be that is secured so you can only
secure additional contributions you can't remove the what's already been
Cllr Jonathan Waters - 0:25:13
secured and I think that's quite useful to clarify and Councillor Wilson thank
Cllr Stuart Wilson - 0:25:18
you chairman I support my colleagues line of questioning on this and one of
the things that I wanted to clarify in this committee I can't remove it was
this application or other applications, I said,
are the golden rules golden in that you have to meet them
to have the approval to move forwards?
And that may have been in the context
of grey belt definition,
but certainly when we considered this last time
and the previous paper goes into a lot of detail
about the golden rules and it says the golden rules apply.
So I just want to clarify from a national planning policy framework point of view,
is the same rule about the golden rules in application here that you have to meet the
golden rules or is this slightly less golden than under grey belt? It starts to feel like
I'm getting into a kind of colour rainbow here. But under previously developed land,
then are the golden rules less sacrosanct than if under the grey belt definition under the MPPF?
Mr Ben Robinson - 0:26:33
So if we're in a situation where we were assessing it under grey belt,
the lack of compliance with the golden rules would carry more weight,
and that would simply be because if it doesn't comply with the golden rules,
it wouldn't meet all the requirements of the grey belt exception.
And as such, it would then be inappropriate development.
And then the MPPF states that you give substantial weight to any harm to the green belt,
including if it's inappropriate.
So in that sense, they carry more weight if you're considering them
as part of the grey belt exception to inappropriateness.
Now in this case, it's different to that because we've established
that it was established at the previous appeal that the proposal wasn't in appropriate
development. It met that, so in green belt terms it is acceptable. However, the paragraph
relating to golden wheels remains and it applies to all development, which is major development.
So it's then a case of applying weight to that paragraph in the MPPF and weighing that
a balance and in this case Richard set out his weighting in terms of the benefits and
the harm resulting from the conflict with that paragraph in the MPPF and he considers
that having regard to the tilted balance that in this case it wouldn't be demonstrably
significantly outweigh the benefits such that we consider that the proposal
should be granted permission. I think you said yes the golden rules do apply. They
Cllr Stuart Wilson - 0:28:15
do apply. But it's planning judgement in terms of the balance that's been applied
to this. Yes. I think that's what you said. Yes, it's a judgement to be made.
Mr Ben Robinson - 0:28:26
I think that there is a difference in you've got more weight to apply and
The weight in the MPPF is more clear if there's a situation where it's inappropriate development
in the green belt, because then the MPPF specifically states that you apply substantial weight
to that arm, whereas in this case, because it's acceptable in the green belt and that's
been established, you're just looking at what the paragraph says, and it says you give significant
weight if it complies with the golden rules, but it doesn't set a specific
weighting if it doesn't comply with them, so therefore it's a judgement for the
decision -maker to do that. Okay, we are the decision -maker so we can
choose to put a different balance on the interpretation of the facts should we
choose to do so. Correct. Okay, the definition of inappropriate development
Cllr Stuart Wilson - 0:29:21
or not relies on the previous appeal, you're taking the previous planning inspector's
appeal decision and the fact they considered it not to be an appropriate development in
the green belt as the basis upon which this is qualified, am I correct in that?
Mr Ben Robinson - 0:29:43
Well, it's not just the inspector's decision as officers, we would also agree with that.
What happened in between the previous application being determined appeal and this application
being submitted, the MPPF changed.
So they changed the assessment for previously developed land such that the assessment is
now whether or not a proposal or redevelopment has a substantial impact on the green belt.
It used to be would it have a greater impact on the green belt.
the inspector considered that the proposal would impact
upon the openness of the green belt,
but I think that, I'll just cheque with the officer
how much weight he applied,
but it was much lesser than substantial.
So on that basis, the inspector's decision
is a material consideration when we're making a decision,
but irrespective of that, if you look at the development
in the round in terms of how much development's come forward
in comparison with the what was there we we wouldn't say that it would be having
a substantial impact on the openness of the green belt that's why we have this
Cllr Stuart Wilson - 0:30:55
session to understand the technical points the reason I raised the point
about the planning inspectors decision is I recently sat in an appeal alongside
the council it was defending its decision and the planning inspector on
that occasion chose to ignore three previous appeal decisions for refusal,
but this time granted approval. So they're not entirely sacrosanct, so that's
why it's important to understand how much is resting on a previous appeal
decision, but you just qualified that it's actually based on the new version
of the MPPF. Okay, the next point I wanted to pick up, because we did ask for this
viability statement to be prepared.
And then I've subsequently noticed in the original report,
and this is paragraph 4 .19 on page 27, I think it is,
it's quite hard to read.
And it says,
it is noted that the planning practise guidance sets out
that where development is subject to the golden rules,
which we've said is true,
in order for it to meet the requirements of the golden rules
site specific viability assessment
should not be taken into account
for the purposes of reducing developer contributions,
including viability.
As such the proposals are unable to comply with the requirements of criteria a of the golden rules. So
were we wrong as a planning committee to ask for a site -specific viability statement because
Actually, if we'd read the paper correctly the first time around it doesn't apply. I
Think
Mr Ben Robinson - 0:32:26
Based on the sitting through the debate debate at the previous committee
essentially
that was something that you took into account, which was that in the guidance currently,
it states that the golden rule, when considering the golden rule, you can't say that it complies
you to golden rules through viability essentially. So it doesn't comply with the golden rule
simply because it doesn't meet the 50%. Now the government have stated previously that
they may look to review that in the future.
But as it stands, the golden rules can't be complied with
if you're relying on a viability assessment.
However, in the committee previously,
as we were asking you to apply weight
to the non -compliance with the golden rules
in relation and weigh that up in relation to the benefits,
It wasn't unreasonable for you to say you wanted more evidence and information to qualify
how you make that assessment. So I don't think you were incorrect to, in my opinion, you
weren't incorrect to ask for that. I think the conclusions were what we expected.
The reason we hadn't gone to the extent of having a full viability assessment previously
was because the circumstances hadn't fundamentally changed and if anything the viability got
more challenging in the interim, which is borne out from the viability assessment that's
been undertaken. It essentially confirms what we're expecting, but it wasn't incorrect to
go through that process because now you've got the all the information you
would need to understand exactly why the proposal isn't viable for a full policy
complaint affordable housing contribution in fact it the the evidence
suggests it actually would be unviable but the applicant is still proposing to
Cllr Stuart Wilson - 0:34:42
provide a contribution yeah which kind of brings me on to my next question so
So as the assessment is done, the viability is negative.
And one of the questions I think
that the parish council raised at the time was,
well, if it's unviable, why would you do it?
And then if you add another 280 ,000 pounds onto it
for section 106 plus the 11 ,000 pounds
for 1 .8 metres squared of additional consulting space,
it's gonna become even more unviable.
therefore is it deliverable would be the question. If it's not deliverable then
can we actually approve it? So I'm trying to work through the viability statement
and it's meaningful. One, we shouldn't pay any heed to it in the decision
according to this and two, if it does have meaning and we have to consider
deliver are we giving potentially giving consent to something that's not
deliverable.
Just to clarify, it isn't saying that you can't have regard to a viability as part of
Mr Ben Robinson - 0:35:49
a planning application.
It's just saying that with regard to the golden rules, you can't have regard to it.
So we're acknowledging that it doesn't meet the golden rules, and we'll give way to that.
But in terms of overall, when we're looking at the application, we are having regard to
the viability and what's being proposed.
I just need to cheque with my colleague regarding
the status of the PPS appeal,
because I think it was a similar situation
where the inspector had regard to the deliverability
of the proposal, acknowledging that
it wasn't fully viable, but there was still
a profit accounted for in the assessment,
or in the viability assessment,
albeit a lower profit than what would normally
be considered reasonable for development but in this case the inspector considered that
as there was still a profit result from the development that it was reasonable to accept
the contribution but I'll just double cheque that with the case officer.
Mr Richard Regan - 0:37:02
Yes, I'm reviewing the decision and the inspector concludes, noted the viability, but the contribution
would essentially come at the expense of their profit.
So their developer profit would be lower.
how it considered it was unlikely to render the development under
Cllr Stuart Wilson - 0:37:25
undeliverable if I may continue going chairman could we could we come back to
Cllr Jonathan Waters - 0:37:31
you and I've got a lot more you've got a lot more that's fine I think we will
move to another and then we'll come back to you I've got Councillor Roberts and
then Councillor Ashman then castle Oh wants to come back and then we'll come
Cllr Mark Roberts - 0:37:46
back to you Council Wilson well I had two questions the first question was the
one that councillor Wilson has asked about viability and the golden rules so
I think we've heard that viability assessments don't give you a get out of
gaol card for the for the golden rules assessment it's a hard and fast 50 % so
that's that question. The other question I have is on a very different angle. I
wonder if I could, it might be better to come back to that if other people have
got questions that are related to what we're currently discussing. I think if
you ask your question and then we... Okay, so my other question then on a different
angle was about the status of our discussion today versus the appeal and
and how that relates to the judgments that we're making and things like the section 106
agreements that we've talked about, the conditions that are in what we've assessed, how that
relates to what the Inspector might do at appeal.
Mr Ben Robinson - 0:38:54
So what we're seeking is a resolution essentially to direct us as officers to, as to how we
conduct ourselves at the appeal.
So if your resolution is that you would refuse permission
then we would, as officers, seek to defend that decision.
Obviously it's in our opinion, as officers,
we feel that the proposal would be acceptable
having regard to all the material considerations
and we feel it's likely that an inspector
would make the same decision.
but it's the committee's decision to make,
because you're no longer able to make a decision
on the application, but it's your decision
as to what resolution you want to make on the application
and how we defend that appeal.
Yeah, and so the inspector, what weight are they likely
Cllr Mark Roberts - 0:39:49
to give to what we resolved today
and what the officer's recommendation has been?
Cllr Jonathan Waters - 0:40:00
Well, the Inspector will make the decision based on all the material considerations,
Mr Ben Robinson - 0:40:02
so they're all set out in the Officer Report. It would depend on your reasons and whether
you've given sufficient weight to all the material considerations. You'd need to be
putting forward your case of argument in the committee as to why you consider the proposal
was acceptable or not acceptable and explain how you've made that weighting in making that
decision. Also obviously having regard to the tilted balance and the need to show that
the proposal map would clearly and dimensionally outweigh the benefits.
Thank you.
Councillor Ashman, and then I had missed
Cllr Kirsten Ashman - 0:40:52
Councillor Matthews, so we'll thank him.
Thank you.
So with regard to paragraph 154G,
it talks about needing to demonstrate substantial harm
in order to override that paragraph.
And I believe what we're saying is there's no one thing here
that demonstrates substantial harm,
but there are a number of material considerations
that demonstrate moderate harm,
including moderate harm to the openness of the green belt,
et cetera, you know, we've talked about impact
on the environment and the viability.
I appreciate that the answer to this question might be,
it's a judgement, but based on your experience
and potentially looking at appeals,
have you seen any evidence of the cumulative effect
of those moderate harm impacts then becoming substantial?
Mr Ben Robinson - 0:41:48
In this case, for the exception to inappropriateness you're talking about, which is in 154G, that
only concerns openness. The inspector in the previous appeal, we've just checked in the
previous appeal decision, the inspector considered the proposal would have a moderate impact
on the openness of the green belt. On that basis, given that we've got a clear decision
from an inspector setting out what the level of impact on the openness would be, it would
be very difficult to argue that the proposal would be having a substantial impact or would
result in substantial harm to the openness of the green belt.
Cllr Kirsten Ashman - 0:42:32
But then that's not the only factor that we consider when we're looking at this application,
right?
Although that's a determinative factor, there's then all the other factors that we need to
Mr Ben Robinson - 0:42:44
There are other factors, but when you're considering, if you're considering whether the application
is acceptable in the green belt, what you're considering is does it meet the exception
in 154G and the criteria there is specifically related to openness.
So yes, there are other aspects of this application, other material considerations you need to
take account of, but not in relation to green belt.
So you may consider the application is deficient in other aspects, for example, with regards
to the lack of or the conflict with the golden rules.
But given what the inspector said previously, which is a material consideration, my advice
would be not to reopen that because potentially if you went to appeal trying to defend that
contradicting the previous inspector that could be grounds for unreasonable
behaviour
Thank you for clarifying
Councillor Matthews
Cllr Wendy Matthews - 0:43:46
Thank you. I wonder if you could clarify for me are we looking for 40 % contribution to
affordable housing on this site or 50 %?
Mr Richard Regan - 0:44:01
So to meet the golden rules you have to provide you'd have to provide 50 % in
Cllr Wendy Matthews - 0:44:10
Mr Richard Regan - 0:44:17
they were going to provide 50 % in terms of contribution I'd have to calculate
that it's 1 .3 3 3 million pounds
Cllr Wendy Matthews - 0:44:34
okay and another question you said that there's going to be a unilateral
undertaking relating to this that you're negotiating at the moment? So that as part of the the
Mr Richard Regan - 0:44:44
appeal they've submitted a unilateral undertaking that is forms the basis of
the previous unilateral undertaking that was formed part of the previous appeal
and it was considered by inspector and also reviewed by the council and its
legal officers so that is that has been smidged as part of the current appeal.
Yes, so that would secure the financial contribution that they're currently
Cllr Wendy Matthews - 0:45:11
offering. Yes. It would also include a form of overage clause. Yes, so it would seek to
Mr Richard Regan - 0:45:19
secure the financial contribution towards the health infrastructure, the
affordable housing and the review mechanism for the review viability. So
what is that review mechanism?
So it was set, roughly based on when they get
to a certain point in terms of sales,
they've sold a certain number of units,
a reevaluation is done on certain aspects
including sales revenue to see if that causes,
creates an uplift in the profits
and that would release further contributions
towards affordable housing.
Okay, so who would undertake that assessment?
Cllr Wendy Matthews - 0:46:06
That be us or would that be the developer?
Mr Ben Robinson - 0:46:15
We are similar to the current appraisal.
We would have that independently verified.
Cllr Wendy Matthews - 0:46:24
Okay, because the report recommends that you do it at two points in the process that you
should you do it yeah you should do it twice one at the beginning one at the
end pre -implementation and late -stage reviews of viability that's what report
recommends it's page 105 of the pack 105
Mr Richard Regan - 0:47:02
So I think the approach is the same that was previously put forward and
agreed by the inspectors as reasonable meeting the still tests and so that's
the basis of what the current unilateral undertaking is taking.
Cllr Wendy Matthews - 0:47:22
So why do we not get copies of the unilateral undertaking proposal in the papers?
Mr Ben Robinson - 0:47:35
It's on the website with all the papers relating to the appeal, so it's as the plans and all
supporting documents with the application that's been submitted as part of the appeal documents.
I would have expected it to be referenced in the report. There you go. Thank you.
Okay, I've got Councillor Unge and then Councillor Wilson.
Thank you. I'm curious about this point because as we sit through this debate,
Cllr Jackson Ng - 0:48:02
or this meeting, my memories go back to what happened in September and it's come back to
that the applicant, I believe, is Eton College.
So when it comes to viability,
feasibility and financial undertakings, et cetera,
do we take into consideration the background
of the applicant or the financial background?
I thought you might not too.
Just seems to me that, you know,
might be a relevant point.
You have to look at the site
because it's the site that's relevant.
Cllr Jonathan Waters - 0:48:31
Anyone could own, anyone can actually develop it afterwards.
the ownership is you know it would give a permission for an application not to
a friendly individual.
Councillor Wilson thank you for being patient.
Cllr Stuart Wilson - 0:48:46
No problem at all Chairman. I wanted to come back to the point that Councillor Matthews
raised and this is paragraph 4 .15 page 105 of the economic viability statement
which obviously has been prepared as a new document and subsequent to our
previous meeting. And their recommendations, their final recommendation is we recommend
that if a policy -compliant offer is not made, the scheme should be subject to pre -implementation
and late -stage reviews of viability in order that viability can be assessed over the lifetime
of the developments. That's not, clearly not part of their unilateral undertaking, but
it is one that the independent valuation has recommended. So from my point of view, I think
we should pay some heed to the people that have advised us in terms of what we should be doing.
If I then consider why is that particularly relevant, paragraph 4 .13 of their recommendations
looks at a bit of a sensitivity analysis. I don't think they've done a sensitivity analysis on
every aspect, but looking at the impact of changes to cost and value inputs, they find that either a
percent decrease in costs or a five percent increase in revenue would erode
the current deficit. So it starts to become viable at that point and what I
also note on the table on 102 is that since the previous economic viability
statement was prepared by Savills on behalf of the applicant I believe
actually the costs have come down by four hundred thousand pounds which is
4%. So if costs continue to, would continue to improve, this could very
rapidly get into a positive situation and you know whilst we know that overall
inflation and building inflation perhaps may remain stubborn, the anticipation is
that costs will improve. So it seems to me the recommendation of the
independent surveyors is one that we should pay heed to in terms of any discussion.
And what I'm particularly minded, I said, you know, they've done some sensitivity analysis.
They have looked at the target profit. Saville's looked at 20%. BPS have looked at 17 .5%. But
Clearly the MPPF has a range of 15 to 20%,
but I can't see anywhere in here a modelled version
of a sensitivity analysis at 15%, for example.
And I was the one that had my wrist slapped by the applicant
when I mentioned the fact it was Eton College
last time, I think.
But, you know, so my point is,
the situation has improved markedly
between the previous economic viability statement and this one.
The sensitivities are where they are and certainly from the authorities point of view,
it would seem if the direction of travel is in the same direction,
it would be totally appropriate to have a pre -implementation review of viability.
and not just relying on a late stage when they've already built and selling some.
So that was the point I wanted to raise.
Could the officers just comment on that, because it does sound like something that we should
definitely clearly be stating.
Mr Ben Robinson - 0:52:28
So we're just having a look at the agreement to see if that's included, but if members
were minded to go with the recommendation, that could be something that we seek to negotiate
as part of the appeal proceedings.
Well, I'm not suggesting that that is something we should necessarily go with. I just wanted
Cllr Stuart Wilson - 0:52:53
to raise it as an issue that was mentioned in our own report.
Cllr Jonathan Waters - 0:52:59
Yeah, I think if we get to the debate, it may be something where we actually start talking
about whether that's something we can clearly state as the committee's view of what should happen.
And if that then went to as part of the appeal, then that should be more clearly stated.
Councillor Hung.
Chairman, I just wanted to point out that I was very intrigued by the unilateral undertaking wording,
Cllr Jackson Ng - 0:53:22
but it's actually not available online.
Cllr Jonathan Waters - 0:53:52
They're going to quickly look that up, I think, and see if they can find it for you.
Obviously, and come back.
Are there any other questions before?
Councillor Teth.
Yes, thank you.
My second chance of this.
Cllr Martin Tett - 0:54:04
I'm just interested in the flooding issue which has been raised.
And I'm slightly confused, I'll be honest with you, by the text here because obviously
one of the claims by I think it's Dorney Parish Council is that the Environment Agency has
said that there is a danger of loss of life for the general public and the access is not
sufficient were there to be I think a flood in that particular instance.
The agent obviously disputes that.
I just wondered if the officers could summarise
exactly what the current position is
from the environment agency,
and do they now deem the site to be safe
for the general public,
should there be any sort of emergency?
Mr Richard Regan - 0:54:52
So yes, I think it was discussed in detail
at the committee previously.
ultimately from my recollection the environment agencies position was the
issue was there would be a small amount of time within which the access road to
the site the I think it was the most severe weather incident would result in
that access being flooded but that would have occurred within a number of days after the
flooding alerts would have taken place.
So ultimately whilst there was a time that would occur when access would have been blocked
off there would be insufficient time prior to that occurring for access and
evacuation to take place and therefore on that basis ultimately there was no
no objection. Can I just clarify that I just again with respect obviously if
Cllr Martin Tett - 0:56:08
you've debated it before and everybody else is very clear on this then fine but
I'm just going on the papers in front of me it isn't clear because it actually
talks about danger of loss of life that is slightly different from there's going
to be some water on the road. Yeah you know so I'm trying to understand the
weight to attach to that is there to quote what I appear to believe is the
Environment Agency's initial view which is there is a danger of loss of life to
the public as opposed to what I hear the officer to be saying which is after two
or three days there might be some water on the road they don't sound compatible
Maybe you could just clarify that for me
So ultimately environment agency, they don't raise an objection
Mr Richard Regan - 0:56:51
but they they noted that
Consideration needs to be given to other matters that fall outside their remit
One of those is which is the evacuation safe evacuation of future occupants
and then I think it's the the wording that it's used in studying standing advice is the risk of
the danger to life
and then that reverts back to the assessment
that's been taken by officers in terms of looking
at those flood events and the level of flooding that occurs.
And that danger to life would only occur
due to the fact that the number of days after
the flood event, the alert would take place,
that there may be people trapped within the development,
therefore hence the designation of danger to life.
Again, that only occurs a number of days after
the flood warnings and evacuation could have taken place.
So again, I'm sorry, this is such an important issue,
in a potential loss of life,
Cllr Martin Tett - 0:57:59
I think just needs to be really clear.
So the view of offices as opposed to the environment agency
is that there is no significant risk to,
at risk of loss of life to the general public,
that the flooding would not occur for at least a few days,
and that people could egress the site in cars.
Would that also apply for anybody
who might be disabled, for example,
or potentially elderly?
Just wanna make sure that the committee fully understands
the impact of the environment agency's initial statement,
As opposed to the officers modelling of it. I
Think it is important to note that as part of the previous appeal
Mr Ben Robinson - 0:58:46
It's the those circumstances haven't changed and the planning inspector in making that decision
Didn't consider this was something that would would render the application unacceptable
say it's
Again
the issues that were really
I should be should be focusing on other ones that follow from the from the appeal decision
Just again, so I'm really clicks. I think loss of life is a particular material consideration
Cllr Martin Tett - 0:59:13
Maybe I'm just being over zealous on this but you know, I think it's pretty serious
Are you saying that as a committee we should not?
In your opinion
We should not look at all the considerations on the site but merely focus on the ones to which you've directed us
I suppose what I'm saying is the
Mr Ben Robinson - 0:59:36
Previous appeal decision is a material consideration. Mmm to be to have regard to making that decision
In terms of the flooding issue, I think just cheque with Richard but the the site itself isn't within the
that the floods on which which would
Know so the actual dwellings themselves annoying flood zone 3
Mr Richard Regan - 0:59:59
It's just the element, or the issue is part of the road that you have to access to get
up to Dovney itself. That's the part that floods.
So the issue about someone who is elderly or disabled is of no relevance to this committee
in your view?
Cllr Martin Tett - 1:00:16
Mr Ben Robinson - 1:00:20
It's relevant, but what Richard's saying is because of the nature of the way the flooding
manifests itself, there would be sufficient time to evacuate people before that became
an issue.
I've got Councillor Wilson and then Councillor Caesar and then Councillor Matthews.
No, Councillor Caesar.
Obviously we did talk about it last time and I think you raised some of the similar concerns.
Cllr Stuart Wilson - 1:00:46
If it would help the officers, the local LEED flood authority and the environment agency
subsequently withdrew their objections based on the evidence.
If you look at what I think is page 85, but it could be something else underneath, but
it's second comments received 26th of the 6th 2025 from the Environment Agency.
So I believe the issues were subsequently addressed for both the Local Lead Flood Authority
and the Environment Agency on that.
Cllr Jonathan Waters - 1:01:35
Cllr Wendy Matthews - 1:01:44
I think it is important to have a clear understanding of the
issue of the
issue of the
issue of the
issue of the
housing contribution, affordable housing contribution, in this document is limited. So there is actually
set a limit on how much that affordable housing contribution should be. So it comes out at
£537 ,600, which is somewhat less than the total that we would be expecting from a 50 %
So can you tell me why that has been put in place?
I'm just looking at the figures.
So if you just bear with us.
Mr Ben Robinson - 1:02:52
Mr Richard Regan - 1:03:01
Okay, so the affordable housing provision, because this relates to the policy CP3 element
of the scheme, the local authorities' affordable housing requirements, which is 40%.
40 % equates to 4 .8 units which when you look at the financial contribution, which is £112 ,000
per unit, that equates to a total of 537 ,000, would be the total contribution to make the
40 % requirements of policy CP3.
But when I asked just now, you told me
that it was 50 % that applied to this site.
Cllr Wendy Matthews - 1:03:49
So 50 % in terms of to meet the golden rules requirements
Mr Richard Regan - 1:03:55
is what would be required.
So is that in that original document?
Because at that time, the golden rules didn't exist.
Cllr Jonathan Waters - 1:04:04
So actually, it was under the 40 % originally.
And so that's why that cap was there
when it went to appeal, the new MPBF didn't exist.
So isn't that not raising the question that actually that should now not be the cap?
Yeah, I agree.
Mr Ben Robinson - 1:04:25
What it appears, what the applicant has done is resubmitted essentially the same unilateral
undertaking that was submitted as part of the previous appeal and that had the cap at
40 per cent, which is the policy compliant figure.
Obviously, since that previous appeal, the National Planning Policy Framework has changed
and now the requirement is 50 per cent, so that's something that we could pursue as part
of the appeal, have an updated legal agreement which requires a cap at 50 per cent rather
than 40 per cent.
Because the cap has absolutely no relevance under the current circumstances.
It is a historical relevance.
It's relevant in regards to just the local policy, but obviously the MPPF policy is more up to date.
Cllr Wendy Matthews - 1:05:26
And can you tell me where in this agreement is the methodology set out that you described?
Because I can't see it.
Mr Ben Robinson - 1:05:35
The methodology for calculating, when we calculate the overage.
Yes, so I think it will be in the schedules.
I did cheque when the review would be carried out.
So as it currently worded, it's the date on which eight dwellings are sold.
So once eight dwellings are sold, they would use those figures to recalculate the viability.
And then if they were sold at a higher level than what was assumed in the current variability
assessment, then that would dictate how much extra financial contribution they would need
to provide.
In terms of the section of the agreement, just finding the page.
So it would be schedule two.
So I'll further down in the agreement.
Cllr Jonathan Waters - 1:07:01
I think we've covered quite a lot of technical questions now.
I've got one more, Councillor Ashman.
Thank you, sorry, I'm conscious
we've not really talked about bats yet.
Cllr Kirsten Ashman - 1:07:09
So I note, obviously, that there's been regard
to the updated bat reports
and a lot of extra information's been presented.
Obviously, it still needs to meet the derogation test
in order to go ahead.
I note in 2 .1 .6 looking at the second test, the officers have determined that it would
meet the second test.
But in the appeal, the Inspector was not convinced that it met the second test.
And I'm not aware of anything changing in that regard.
So could you please explain whether something has changed or why there's a discrepancy?
The big change was when the inspector was considering the previous appeal, the information
Mr Ben Robinson - 1:08:01
relating to the surveys and the evidence relating to the bats was out of date. So on that basis
he didn't feel that he could see compliance with the tests.
Sorry, the second test specifically refers to whether there's a satisfactory alternative,
Cllr Kirsten Ashman - 1:08:19
which I don't think would change. That's not to do with the mitigation. That's
whether or not it says while there is extensive detail in the proposal
relating to the alterations and much of the work comprises repairs, it's not been
demonstrated that less extensive work to the buildings or an alternate form of
development would be incapable of preventing deterioration of the
buildings or otherwise achieving acceptable outcomes. I've not picked up
anywhere that that's been addressed.
So I think, let's see, one factor that has a lot of interest in the
Mr Richard Regan - 1:09:20
has changed is obviously the buildings have been standing vacant and have
deteriorated further since the appeal decision they've been left empty so they
deteriorated further and obviously the the up -to -date surveys provide the most
accurate information in terms of what is present and the relevant mitigation that
would be required and that could be incorporated into existing buildings or
elsewhere so ultimately its officers view that that test has been met based
on the circumstances now and the current survey work that's been undertaken.
Cllr Kirsten Ashman - 1:10:16
Is it possible to know whether, because I think the survey you reference in the report
is the one that's done in 2024, obviously the appeal also took place in 2024, so would
the Inspector have had access to that information or was it done after the appeal?
Mr Richard Regan - 1:10:32
So the Inspector didn't have access to the most recent up -to -date surveys, hence the
is the basis on which the appeal was dismissed
because he didn't access to,
he was basing his decision on out of dates,
I think from the 2022 reports.
Thank you, so just to summarise,
Cllr Kirsten Ashman - 1:10:53
the expectation is that provided the applicant
waits long enough for the buildings to deteriorate,
then it'll automatically pass that second test,
provided they don't maintain or do anything with them
in the future and just allow them to fall into disrepair.
Mr Richard Regan - 1:11:13
I mean, the assessment has been done and the available evidence and also the Council's
ecology themselves have assessed the information.
And I mean, this is an issue that is quite frequently taken into account for all types
of applications throughout the whole authority where the the derogation
tests do have to be applied so and it is a common a common approach and come
accepted approach that's mitigation requirements measures within the
existing buildings is one that's been accepted by the authority and on many
occasions
the building.
Councillor.
You get a bit more
clarification.
Cllr Thomas Hogg - 1:12:02
I was unaware that a building
falling into this repair or
deteriorating was a material
planning consideration.
consideration when when does that actually
When does that become material when when when would that actually be used as part of the
The decision -making process for us as a council
In this it's what we're talking specifically about
Mr Richard Regan - 1:12:38
bats and impacts on existing bats roost in their in their habitats and
the fact that because the buildings deteriorated going through that that
thought process it's not related to other aspects we're looking specifically
at the aspects of the back mitigation and meeting the derogation tests so is
a material consideration in that specific sense okay so just to clarify
Cllr Thomas Hogg - 1:13:14
then it's the the fact that the building is deteriorating is only a material
consideration because it puts the bats home in jeopardy. Is that right?
Mr Richard Regan - 1:13:31
It's a consideration in this instance, yes. I think it's also it's important to
I just want to note that as Richard said,
Mr Ben Robinson - 1:13:41
this type of issue crops up across the authority
with regards to redevelopment of sites
and the approach that's been taken
having got to our consultee who's the expert
internally to the council is our ecologist.
They've looked at the proposal and they're happy
that the proposal does meet the derogation tests
and that applying a consistent approach
across Buckinghamshire when they're making those judgments.
I just wanted to clarify something because I was getting quite confused between the 50 %
Cllr Stuart Wilson - 1:14:20
and the 40 % and the 21%.
If there was a delivery of 50 % affordable housing that would equate to an offsite contribution
of 666, let's call it 667 because 666 is not a particularly good number, which less the
280 that's been offered will be a shortfall of 387.
So I just wanted to be clear in terms of what the numbers are
related to the 50 % equivalent in terms
of the financial contribution, which is roughly how much
the costs have improved about the same amount,
so between the two.
Thank you.
I think that's the last question.
Cllr Jonathan Waters - 1:15:08
We'll now open it up to members to debate the item.
I think we've actually asked a hell of a lot of questions there,
so hopefully you've got as many answers.
It is not an easy decision because it's not ticking a lot of the boxes.
It would make it easy for us to just have a simple decision.
But who would...
Councillor Wilson, you can kick off and I'll take other hands as we go.
I think one of the, my colleague to my right said, one of the challenges with this is the
Cllr Stuart Wilson - 1:15:39
appeal was done under a different set of planning policies and circumstances have changed both
from a planning policy point of view and understanding how the application of things like golden
rules and all those bits and pieces.
So, in a sense, we're trying to hit a moving target because quite a lot of the interpretation
of what was accepted by the planning inspector at the time may well have subsequently been
shifted a little bit in terms of the policy.
But from my point of view, I really, really struggle with this application of the golden
rules or more the failure to meet the golden rules and in particular then the
weighting that's applied to that which is in the paper described as moderate
but we are told that the golden rules are golden and so from my point of view
I really struggle that we have a shortfall here in terms of the overall
contribution to the affordable housing provision on site or off site. That the
has been stated the statutory consortees have not offered up anything materially
addition to the infrastructure. It is one of my constant frustrations about what
our obligation is as a planning authority to ensure that we are
ensuring that the infrastructure is correct alongside an application.
So, you know, and I think my views on the ICB methodology are well known.
But 1 .8 metres squared of additional consulting space I do not see as a material
contribution to the infrastructure of a community.
And the lack of provision of open space, publicly accessible open space, I think is also problematic.
And then obviously the whole area of economic viability is challenging for me,
both in terms of the unilateral undertaking that's been offered up.
It doesn't meet the requirements by the independent report that we've had for that pre -inspection.
There is a lot of sensitivity around bill cost and market pricing,
as well as the margin that has not been modelled, which was disappointing to be honest.
So I find there's a lot of factors here that I feel this is way in my mind against the committee taking a position of approval,
being minded to approve into a planning appeal.
So I would, I'm mindful that one should let others speak, but I would be happy to move,
propose to refuse, that we would be refusing were we the determining body.
Councillor Tern, you did you want to speak?
Cllr Martin Tett - 1:19:00
I really just looked at you, Chairman, because I was thinking, yet again, unfortunately,
I'm tending to agree with the still Wilson. It's the habit. I'm trying to get out of
But I also have quite a lot of concerns about these golden rules. I'm not sure how golden they are
They begin to sound like rather tarnished copper
because it seems as if they exist but actually they don't really mean very much because
They're always mitigations that you can find to say well, you know, you don't really that public open space
Well, no, it doesn't really meet that 50 % requirement.
Oh, what about, and so it just feels as if
the golden rules really are there almost as a fig leaf
for the release of quote, greenbelt land, unquote,
rather than actually delivering the community benefit,
which the then Secretary of State, Angela Rayner,
publicised so strongly when these were being introduced.
So I'm not comfortable that these rules
have adequately been met.
Likewise, I'm a bit concerned about this viability assessment and how much money would accrue to the council were
the
viability of this site to improve
Nearer the date so I will you know again were the committee minded to approve it. I'd like to see a tighter
Control on the assessment of viability at the point of building and indeed at the point of sale
Such that the council can be sure that as far as possible its affordability
Criteria have indeed been met and this isn't just simply being troused by the developer a surplus profit. Thank you
Council Roberts
yeah, I'm
interested to hear other colleagues because I
Cllr Mark Roberts - 1:20:43
I'm in two minds on this, I think,
and I can see if we're minded to approve
then some of the points about improving the amount
that the council has an uplift.
So if, for instance, we talked about
the sensitivity analysis, 5 % improvement in house prices,
we could easily be talking about a much larger profit
from the scheme.
So that should be provided for
if we were minded to approve on that basis.
But the underlying thing is I just feel very uncomfortable
in allowing this to go through with the viability,
excusing the affordable housing provision.
And that's something I feel very uncomfortable about.
So I'm interested in hearing other members' views
and I'm still open -minded on that, I think.
I'm sorry, any other members?
I cast it on.
Thank you, Chairman.
Cllr Jackson Ng - 1:21:48
This is not an easy decision,
and I'd like to be clear that I've given
careful consideration to the additional information
that officers have provided,
and also the advice provided by them since the last meeting,
including the explanation around the recent
appeal decisions where inspectors have accepted
reduced affordable housing provisions on viability grounds.
I mean, I do fully recognise that
there might be an appeal risk here, and I do not take that lightly.
However, I think that members are still required to exercise planning judgement.
This is why we're here as committee members.
And in my case, in my view, I think this is one of these cases
where the balance is genuinely really finely poised.
The golden rules were introduced, in my opinion, to secure clear
and meaningful public benefits, particularly in rounds of grey belt locations.
In this case, the proposal, I think in my view, produces a significant shortfall against the 50 % requirement.
So while the viability evidence explains why the requirement cannot be met, it does not still, in my opinion, remove the fact that the proposal remains in clear conflict with the golden rules.
Therefore, for me, the difficulty lies in the weight that is given to that conflict.
I'm not persuaded that the failure to meet the golden rules has been afforded sufficient weight in the overall planning balance,
particularly given the importance attached to them when this policy was adopted.
This is therefore a tough call, and I accept that reasonable people and members and colleagues of this committee may come to a different view.
but in my opinion having weighed the evidence carefully I do not consider the
benefits of the scheme outweighs its failure to comply with the golden rules
and for that reason I'm unable to support the application. Thank You
Chairman.
Just Councillor Ashman do you want to come in? I'll make a couple of points.
Cllr Jonathan Waters - 1:23:47
Thank you I think Councillor Unge covered a lot of the points there
Cllr Kirsten Ashman - 1:23:53
certainly with regards to the fine balance that lies here.
There, we can see that there's benefit to the scheme,
but likewise there are many detrimental factors
that we need to consider,
including obviously the viability.
That said, I don't want to rule out
the back mitigation impact either.
And I just want to come back to the point I made
regarding the second irrigation test which Councillor Hogg mentioned or requested a bit further
information on how that works and it does still seem to be that in order to meet that second test
all you have to do is not maintain and repair the buildings because looking back through the
Ecology Report it talks about the deterioration of the buildings it doesn't mention that those
things can be mitigated outside of this planning application and I'd be surprised
if that's the case surely any owner of property has an obligation to maintain
buildings outside of knocking them down or you know building something else so
I'm not convinced that the inspector would reach a different conclusion that
it still wouldn't meet that second test and would fail the same way that
the first appeal fell on the back mitigation aspects.
Mr Ben Robinson - 1:25:26
I do have concerns, obviously it's the members' judgement or the committee's judgement in
terms of making the way in the balance, particularly with regards to the golden reels. In terms
of the ecology that is a technical matter and as the officer set out the approach that's
been taken is a consistent approach by our expert ecologists and if we would appeal as
officers we wouldn't be able to find anyone within the council to defend that because
our technical experts are suggesting that the proposal is acceptable in ecological terms.
So we wouldn't, it would be difficult for us to defend that appeal.
I think we bring ourselves back in terms of why the meeting was deferred was to actually
Cllr Jonathan Waters - 1:26:22
find particular information to help us make a decision.
One was in terms of further information in terms of the BATs and the issue within that
within the inspectors report.
and obviously we've had some coverage there.
And the issue we have a little bit on that
is going to be in the same way as we have with highways.
If you have our environmental specialist coming back
and saying, actually it does achieve the result,
that makes it difficult for us as members to overrule that
and then go into an appeal on it.
So just keep that in mind, I think is the key thing.
On the other part, obviously, we have got that extra
viability information back that we wanted.
It doesn't solve the problem because it would be nice if it
came back and said yes and actually they've got to do the
50 % because I think that would have given quite a lot of
comfort.
The positive is because we've teased out a little bit more
about any uplift that's there, that that could be worded in a
way that would be acceptable.
So I think that's something we could we could bring in
And then there's the balances we have to take in and I think the big
Question which is coming up is about the golden rules is about the weighting of the golden rules
and the
continuous question of
At what point or if any point?
Should we actually be as a committee?
And obviously there are cases saying, yes, that has happened by inspectors, but we have
to have a think about that because I think that's the thing that's coming back continuously
in terms of whether these things are going to be achieved by this particular development
and whether we are comfortable with that on those golden rules.
So they're the, I think, particular things that we looked at.
We should be thinking about things which we asked for in terms of additionally, have they
answer the questions and that really needs to be the focus.
So they're the sort of key points before we go further forward.
I don't know where the officers would like to come in unless there's somebody else who
would like to speak at this point.
Mr Ben Robinson - 1:28:43
I just wanted to add in that I did mention earlier that because we haven't got a five -year
housing land supply, we do need to apply the utility balance.
So in making that judgement, when you're doing that weighting, you need to be having regard
to that and showing that any adverse impacts of granting permission would significantly
and demonstrably outweigh the benefits.
So if it was a case which, I know it's been mentioned, it's a very finely balanced issue,
If it's finally balanced the tilted balance would would weigh in its favour
Simply because that's what the the MPP F's directs us to do
Counsellor home
Cllr Thomas Hogg - 1:29:32
Just a clarification that because I came late. I'm not supposed to vote am I I
Don't think you can vote it because you weren't here when it was deferred. Yeah
Cllr Stuart Wilson - 1:29:46
My move front it George?
conifer m Energy?
I think that's slightly an understatement.
And to my mind, then, you know, it concludes that paragraph.
It is considered that this weighs against the proposals and attracts moderate weight.
And that, I think, is a planning judgement of moderate weight.
But for those of us that have enjoyed this committee for the last ten months,
I think it, you know, we've been learning a lot about the golden rules.
and I feel that this goes against what we have been briefed on in terms of how
seriously we should take those so if we were to apply significant weight to the
golden rules then presumably that would alter the planning balance somewhat so
At the end of the day, it's a planning judgement on the planning balance.
My view is that these are very important.
They're there to help mitigate the impact of development, particularly in the green
belt.
This isn't not fully meeting them.
It's not meeting them at all, albeit with a section 106 contribution, which equally
doesn't meet what should be the shortfall by nearly £400 ,000.
Very limited contribution to infrastructure, barely, and no contribution to open space.
So to my mind, that's a very substantial weight in terms of shortfall.
And on that basis, I would propose that we would refuse this application.
and yeah I'm happy to move that as a proposal.
Mr Ben Robinson - 1:32:09
I just wanted to make sure that in making that balance
you have in regards to all the weightings
for the benefits as well.
So in the report it does, the officers put forward
their weighting in terms of the additional housing
for example which we regard that would carry
significant weight and also the affordable housing limited weight, the
biodiversity net gain moderate weight, the historic environment moderate weight.
So that, just want to make sure that you're aware of the waiting that officers have set
out. Obviously, members can make a different judgement, but you just need to make sure that
you're carrying out that exercise and also applying the utility balance as well in making
that judgement.
Cllr Jonathan Waters - 1:33:14
Can I just ask one question? In terms of one of the points I think we've been uncomfortable
with is the infrastructure element being so small and the wording within the MPPF that
should be something significant, not practically insignificant, should it not? And I think
that is one of the things which adds to the two different things, which is this lack of
affordable housing contribution and particularly infrastructure which is
barely a nod. The way that it's worded in the paragraph
Mr Ben Robinson - 1:33:50
related to golden reels it talks about necessary infrastructure and as the
officers set out there hasn't been any consulty comments we set out that
there are necessary contributions that should come forward so it wouldn't that
wouldn't be a negative it would be a neutral issue.
Cllr Jonathan Waters - 1:34:23
Okay, Councillor Wilson, do you want to make your proposal? Yes, I am happy to make my
Cllr Stuart Wilson - 1:34:25
proposal that we should, the committee should refuse on the basis that the
wait according to the golden rules and the failure to deliver the affordable
or full affordable housing contribution,
the lack of infrastructure provision, I take the points,
and the lack of open space provision would, on balance,
taking on board all of the benefits,
not offset those benefits.
I just checked it.
What you're saying is that clearly and demonstrably
Mr Ben Robinson - 1:35:03
outweighs the benefits, so that.
In my opinion, yes.
Sorry, Councillor.
Cllr Stuart Wilson - 1:35:08
Chairman, can I ask the officers a question?
Cllr Jackson Ng - 1:35:12
Basically, given what one of the officers said.
If I could.
Basically, Ben, I mean, I've listened to what you said.
I mean, you're talking about the benefits.
Are there any identified benefits
that are considered exceptional or specific to the site,
rather than just benefits that would come
with any other ordinary residential developments?
You know, I'm trying to ascertain,
because you're talking about balances,
and all the benefits I'm hearing is what they could apply
to any site in Buckinghamshire.
What is it so special about the benefits on this site
that we should balance it towards
going against the golden rules?
Thank you.
Mr Ben Robinson - 1:35:47
There's not necessarily anything exceptional about the site.
However, there are benefits in terms of the housing
and given the current housing,
five -year housing land supply position,
that does carry significant weight.
So that does apply to lots of developments in Buckinghamshire.
There's also, as set out in the report, there are benefits in terms of delivering improvements
from heritage point of view.
So again, that does distinguish it from perhaps other developments where it's just housing.
And there's also, to a lesser extent, moderate weight attributed to benefits in terms of
biodiversity net gain and also the affordable housing albeit a reduced amount of affordable
housing, we've given that limited weight on account of it not complying with the golden
It is, and I suppose one of the questions of the last one is a limited contribution,
Cllr Jonathan Waters - 1:37:05
which still means a failure of meeting the golden rules on affordable housing, should
it actually be given any kind of positive weighting?
Probably not.
Mr Ben Robinson - 1:37:23
In the MPPF, what it states with regards to the golden rules and the weight that you apply
to it, it's a positive weight that applies to it, so it says that you give significant
weight to compliance with the golden rules, but it doesn't apply weighting if it doesn't
comply with the golden rules. So it's a sort of technical conflict with that paragraph
that paragraph rather than applying a specific weighting.
Like it would if, as we've discussed,
if it was a development in the green belt
which was inappropriate, then you would have
substantial weight that would be applied to that
and the MPPF specifically directs you to do that.
Do we have a seconder for the proposal?
Cllr Jonathan Waters - 1:38:09
By and large, I'm only two seconds,
We do have someone else who will second so maybe we go with that so we don't get ourselves
in a technical situation.
Councillor Cissna, please second, yes?
We have a proposal and a seconder.
Can I put that to the vote?
All those in favour of the proposal to refuse?
That's all that can vote and I'll abstain as chairman. So that is a refusal on that
item. I don't know because we've been going quite a while if we should have a five minute
break also council is going to be leaving the meeting now thank you much
I'm conflict of interest I'll be leaving

4 PL/25/0354/FA Boveney Court Farm, Boveney Road, Dorney, Buckinghamshire

thank you everyone we're back to the meeting and we're now on agenda item 5
Cllr Jonathan Waters - 1:39:38
and that's PL 25 stroke 4751 stroke FA that's 59 Old Town Close
Beaconsfield HP 91 LF I can confirm that council and whose application is has
has left the meeting and I will now hand over to Matthew Jackson who will
Matthew Jackson - 1:40:02
introduce the item. Hi everybody, so the application seeks a two -storey rear
extension, a single -storey side extension, also relocation of existing solar panels
in the rear and first floor flank window as well. Recommendation is conditional
permission having viewed the application
there's no harm to the appearance of the house no issues with the surrounding
area I wouldn't cause loss of light no privacy concerns or outlook concerns
Parking is okay and there's no issues with ecology.
So this is the actual application site.
Could you move the microphone so we can hear better?
Sorry, is that better?
Yeah. Okay, so this is our application site. You've got a garage, one side of it,
and then you've got residential house to the south, so sort of at the bottom of the page.
Our extension is to the rear which is to left hand side, two -storey and it would not extend
any further back than the neighbour which is the attached house to the south of it which
is number 57.
So this is our proposed plan, it's reorientated round the other way but the extension is to
the north on this or to the top of the page the adjoining house is to the left
hand side so our two -storey extension doesn't project back any further than
the neighbour and then you've got a garage to the side you have a single
storey side extension which is going to the side and the rear of the garage so
this is pretty much what it looks like from the end, from the rear
you're gonna have a hipped roof, solar panels on it, quite straight forward
and then a single -storey side extension to the left -hand side, you can see the
sort of pitched roof of the garage behind that to the left -hand side as well
that will be remaining. So this is your side extension, your side elevation, you can see
a dotted outline of the garage which is going to be retained but it's just there so you
can see obviously how it fits in. The two -storey extension is integral to the main house and
and has a pitch roof, hip roof at the back,
and then you can see just sort of like the ridge
of the neighbouring property,
light grey above behind it.
So this is a photo of the rear of the property.
You can see the number 57, immediate neighbour.
It's rendered quite clear there.
Our application property is set back
So the rear extension is not extending any further forwards or any further backwards than the existing wall of the neighbour.
And then you've got that area of decking to the side of the house where the studio is looking to go as well.
And then the flank elevation which is not in the photo, you've got a first floor window which is an en suite and that looks towards number 67 I believe.
This is from the rear cul -de -sac, so you can see you've got the pitch roof of the garage

5 PL/25/4751/FA - 59 Old Town Close, Beaconsfield HP9 1LF

behind the fence, then you've got our rear elevation behind the fence, set back a little
way, got a shed in the forefront and then the neighbour obviously to the right set back.
It is a two -storey extension, so it will be going back into the roof, but in terms of
sort of like the background, there's already a built development in there, so when you
look at it, the proposal will sort of be more integral and it wouldn't be sticking out or
so in Congress.
And yeah, that's basically where we are with that
Thank you, we don't have any speakers this items are there any technical questions that anyone like to ask counsel
Thank You chairman, thank you. So
This application is here because of the nature of the applicants. I completely understand that that's fine
Cllr Martin Tett - 1:45:26
He's absented himself
I'm just really testing
the representations that have been received.
And they're detailed in what I have as page 143,
under representations.
And the Occupy Room 57 has expressed concern
about potential overlooking the garden,
reducing their privacy,
also concerns about the possible loss of natural light
as a consequence.
And then they go on to talk about the impact
of excavation and construction work.
I noticed the responses are detailed
on what I have is page 138 and I just wonder for the record if the officers
could just address those concerns in public so that they are actually noted
because it's important I think for neighbours to know that this committee
has understood their concerns and that the officers have evaluated them and
have come to a conclusion which the committee has noted.
Thank you. I think that would be very helpful.
Yes, thank you.
So as the officer sets out the extension
Mr Ben Robinson - 1:46:35
It doesn't project beyond the rear of the neighbouring property such that it wouldn't result in an overbearing appearance
Or you know any any significant loss of light?
Also, whilst whilst it brings the windows of the building further to the rear
That that wouldn't result in an unacceptable level of overlooking. It's it's a common
relationship in a built -up area.
Generally speaking, we wouldn't be able to defend that
at an appeal if we were to seek to refuse it
on the basis of overlooking,
because it's not a direct looking down,
overlooking as you would find if it was a window
in the side elevation, the windows in the rear.
And also the distance from other neighbouring properties
Such that it wouldn't result in an unacceptable level of loss of privacy
And on that basis we consider the proposal acceptable
Sorry if I can just probe a little bit further in terms of the loss of light which is covered in paragraph 413
Cllr Martin Tett - 1:47:40
but also the issue of the
neighbours concerned about the risk of structural impacts arising from excavation and
and construction work.
To what extent is that a planning consideration
as opposed to building regulations?
So that wouldn't be a planning consideration.
That would be caught by the Party Wall Act,
which is a separate piece of legislation.
So it wouldn't be relevant to the assessment
of this application.
Right, okay, thank you very much.
One of the other points I think is,
from what I can understand, is the buildings,
Cllr Jonathan Waters - 1:48:17
the houses are actually to the south of the extension so in terms of light
there'll be less impact anyway in any case
Cllr Thomas Hogg - 1:48:38
Councillor I haven't totally understood where the occupier of number 57 is coming
from here. You mentioned that you don't you're not worried about the increased
overlooking of rear -facing rooms but from what we just heard the
extension is only going to go as far as the same level as the back of number 57.
So I don't understand where he's coming from.
Like there must be, in my head,
there's literally zero overlooking of the rear facing room.
So have I missed something?
So perhaps I can't speak for the neighbour,
but perhaps by bringing back,
by bringing the extension of,
bringing the windows further back within the site,
Mr Ben Robinson - 1:49:33
they will be closer to the rear garden of the property.
property, so that would result in a slight increase in what can be overlooked.
And the rear facing rooms?
Not into the rooms of the neighbouring property but it would bring it closer to the garden.
So sometimes people do raise objections on that basis, however as I've explained it's
not a direct overlooking as it would be the case if it was a side window. So for example,
if the extension was projecting beyond the rear of the neighbouring property and had
a window looking down, that would be strong grounds for saying that it was unacceptable
overlooking and loss of privacy. In this case, because the windows are in the rear, they
would be considered unacceptable.
And if you look at the plans, it's no different to the positioning of the house to the south
Cllr Jonathan Waters - 1:50:38
of that one.
They're all just being lined up in exactly the same way.
Councillor Roberts.
Yeah, just very minor point, really, but just for confirmation.
Cllr Mark Roberts - 1:50:53
and my understanding from the information is that it's not adding any extra bedrooms
so that means there's no concern about additional parking impact.
Is that correct?
Can you just confirm that's correct?
That's correct, yes.
Yeah, thank you.
Cllr Jonathan Waters - 1:51:14
If there's no other questions, would anyone like to open the debate or make a proposal?
Councillor Ted.
Thank you.
Cllr Martin Tett - 1:51:25
Having taken into account the officer's report and the representations from the neighbour,
which I think have been adequately addressed in the officer's response, I propose that
we should approve this application.
Seconded by Councillor Wilson.
There were other hands up as well.
Can we take the proposal to a vote to approve this application?
Those in favour?
That's eight and I'll be abstaining as the Chairman.
Thank you for that.
It's been quite a long meeting.
The second item is a little bit shorter.

6 Date of next meeting

Cllr Jonathan Waters - 1:52:11
Just like to bring the meeting to a close.
I am just going to confirm the day to the next meeting.
The day to the next meeting is Tuesday 3 March at 6 .30pm here in the Wycombe office.
Thank you very much.