Agenda item

The Committee received a report that set out Slough Borough Council’s proposed comments to Buckinghamshire Council in response to its consultation draft of the Burnham Beeches Strategic Access Management and Supplementary Planning Document (SPD) July 2020.  The Committee noted the supplementary information provided in the Amendment Sheet.

A Habitat Regulations Assessment was undertaken for the Chiltern and South Bucks Local Plan which identified public access and disturbance impacts as a potential likely significant effect at Burnham Beeches Special Area of Conservation.  The outcome was a requirement to set up a mitigation strategy to avoid adverse impacts on Burnham Beeches.

This strategy was set out in the SPD.  It was intended to apply within Buckinghamshire only, and to apply to the adopted planning policies and any subsequent adopted Local Plan.

The evidence behind the strategy was primarily set out in a report produced by Footprint Ecology in August 2019. The Council has not been consulted on it or its principles.  The evidence base and SPD included assumptions about Slough. Although the SPD cannot apply to Slough it is concerned that the findings would set an inappropriate precedent Slough.  Officers advised that it was therefore important to respond to the consultation.

Members were informed that one of the implications of the was a proposed requirement for a financial contribution to be levied on net new properties that fell within the ‘Zone of Influence’, which extended to 5.6km of Burnham Beeches.

The Council had sought legal advice from Clyde and Co and this was set out in Appendix A.  This formed the basis of Slough’s proposed objections to the SPD which were summarised as follows:

·  Slough can request the SPD be amended to include that it cannot and does not set a precedent for either net new housing in Slough within the 5.6km buffer or Slough Local Plan as these are covered by Slough’s own Habitat Regulations Assessment process;

·  The assumptions, conclusions and the strategy did not prevent Slough from bespoke discussions with Natural England to provide mitigation for potential impacts on the SAC from net residential units within Slough, including to provide informal natural green space as close to those as possible; and

·  Buckinghamshire Council be made aware of a Legal Opinion on the SPD on behalf of Slough, and possible factual inaccuracies in the supporting evidence base, and note that Slough had not been consulted on these.

Members discussed the evidence base used to define the ‘zone of influence’ and were concerned that it was not sufficiently robust to justify the proposals in the SPD.  It was highlighted that some of the restrictions and parking charges introduced in recent years had discouraged many dog walkers travelling from Slough.  At the conclusion of the discussion the recommendations were agreed.

Resolved –

(a)  That the proposed response set out in the report and appendix A be noted.

(b)  That delegated powers be given to the Planning Policy Lead Officer to submit the Council’s formal representations Buckinghamshire Council.