A HOUSING developer has won a government appeal against a council’s decision to reject its plans for new homes.
An application to build 380 houses and demolish existing buildings on land between Lodge Lane and Burtons Lane in Little Chalfont was refused by Buckinghamshire Council’s planning committee in April 2022.
A decision notice published by Bucks Council outlined the reasons for refusal based on the impact it would have on the Green Belt.
The scheme saw thousands of objections as well as pushback from several politicians including Liberal Democrat MP for Chesham and Amersham, Sarah Green.
The proposals affected part of the former golf course, and Homestead Farm.
Biddulph (Buckinghamshire) Ltd have successfully won their appeal for the demolition of all existing buildings and the erection of (approx. 213) residential properties (163 houses and 50 flats), including 152 affordable homes, 15 custom builds, a 100-unit retirement village and a 60-bed care home.
A new vehicle access off Burtons Lane has also been granted as was improvements to a Lodge Lane access, and works to Lodge Lane itself and Church Grove.
Buckinghamshire Council has issued a statement after the developer won their appeal.
Councillor Peter Strachan, Buckinghamshire Council’s Cabinet Member for Planning and Regeneration said: "Buckinghamshire Council has carefully reviewed the appeal decision in relation to the land between Lodge Lane and Burtons Lane, Little Chalfont. Additionally, we have taken advice from two separate leading barristers.
"Regretfully, the advice from both Counsels is that there is no reasonable prospect of the High Court granting permission to pursue a claim seeking the quashing of this decision.
"Whilst the Council disagrees and is disappointed with the inspector’s decision, it is important to understand that any legal challenge must be based on errors of law, rather than any disagreement with the inspector’s conclusions.
"In light of this advice and the considerable cost of pursuing a claim seeking the quashing of this decision, the Council has reluctantly decided not to pursue challenging the inspector’s decision.”
The wider community has also been affected by the approved appeal despite the council's decision to refuse the plan.
Campaign group Save Little Chalfont wrote on their website: "The Parish Council and Little Chalfont Community Association are very disappointed that an inspector of the government’s Planning Inspectorate has granted the developer’s appeal against Buckinghamshire Council’s decision to refuse the developer’s application.
"The application was for outline permission for housing and other facilities on Green Belt land between Lodge Lane and Burtons Lane.
"We have worked hard to oppose this application ever since it was submitted, making substantial written and oral objections and commissioning professional studies of landscape, roads and ecology.
"We provided documentary and oral input at the public inquiry held in December 2022, where Buckinghamshire Council defended its decision to refuse the application. Despite these submissions, the inspector decided in favour of the developer.
"We expect the next stage will be a further planning application by the developer, this time seeking approval by Buckinghamshire Council of details not included in the original application (‘reserved matters’).
"However, since the inspector gave outline approval to the application – in particular for the use of Lodge Lane and Burtons Lane for access – the development is likely to go ahead.
"The Parish Council and Little Chalfont Community Association are considering how best to respond to the situation."
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