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Planning loophole exposed

Posted by Greg Burns on Sep 18, 08 10:41 AM in Beaconsfield News

A developer has been slammed for exploiting a planning loophole allowing them to build luxury houses as opposed to affordable homes in Beaconsfield.
Last year Banner Homes Ltd received planning permission to build 13 homes and associated garaging on land at Ivy House, Meadow Cottage, and Torus, in Hedgerley Lane.
At the time both Beaconsfield Town Council (BTC) and South Bucks District Council (SBDC) were powerless to force the company to build them as affordable homes.
This was because the powers which would allow them to do that - Section 106 of the Town and Country Planning Act 1990 - only come into force for applications of 15 homes or more.
But now Banner Homes have put in a second application to SBDC for a further five homes on the site meaning the total number of new homes on the land could be 18 - within the limit for a Section 106.
But because it is a separate application it can not be treated as a single number of houses infuriating both councils.

Town mayor Henry Wilson said: "This clearly will be 18 new homes whichever way you look at it. This is a disgraceful example of how these developers operate and it seems that SBDC are being taken for a ride by having to consider two separate applications on the same piece of land by the same developer."
Councillor Les Davies said: "This is a major over-development of the site and is another example of a developer trying its luck and getting away with it."
John Brown, chairman of Beaconsfield Old Town Residents Association, said: "Something smells here. This developer is getting away with absolute murder. The government is always going on about affordable housing and not the £1m homes that these are going to be.
"It is already like a car park down Lakes Lane and this is only going to make it a lot worse."
A spokesperson for SBDC said the council were looking into changing their planning policy to make sure this situation is not repeated.
She said: "This is a subject of local and national concern and has to be considered whenever such a situation arises.
"It is regrettable if sites get developed in phases that avoid the provision of affordable housing, and the council currently does everything it can to prevent this, and is developing a policy as part of the new Local Development Framework in order to avoid this occurring in the future."
Banner Homes Ltd told the Advertiser they do not comment on individual developments.
The second application is recommended to be given planning permission at a SBDC planning committee on Wednesday (24/9).
In a report seen by Advertiser, planning officers say "there is no evidence to suggest that the developers had deliberately split the site to circumvent the need for affordable housing, but merely that the further piece of land had become available to the developers at a later date.
Keep checking this section of the website for the full outcome next week.

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