The North Buckinghamshire Area Planning Committee met to discuss two planning applications, both of which were for a variation of conditions on existing planning permissions. Councillors voted to refuse a request to extend the opening hours of a convenience store in Edlesborough, but approved a request to vary the conditions relating to a health clinic in Mentmore.

Refusal of extended opening hours for Edlesborough convenience store

Councillors voted to refuse application 24/02589/VRC, which concerned 2 Pebblemoor in Edlesborough. The application sought to vary condition 10 of planning permission 23/02966/APP, which related to the opening hours of a retail convenience store. The applicant, NMJ Mortorhouse Ltd, wanted to extend the opening hours from 8pm to 10pm daily.

The committee voted against the officer's recommendation to approve the application. The reason for refusal was that the extended hours would lead to noise and disturbance, and that there was a lack of evidence to support the proposed increase, including a lack of community support. The decision was contrary to policy BE3 of the Vale of Aylesbury Local Plan (VALP) and the National Planning Policy Framework (NPPF).

Key points raised during the discussion included:

• Councillor Chris Poll stated that the original application was only narrowly passed with extra consideration to residential amenity by limiting operational hours to 8pm. He asked what had changed to warrant overturning that decision. He also raised concerns about deliveries at all hours being noisy, and the parking situation, stating that the parking across the road is not public, but controlled by the Parish Council.
• Councillor Robin Stuchbury asked Councillor Chris Poll to elaborate on the disjoint between the Eddlesborough neighbourhood development plan and the Vale of Aylesbury Local Plan. Councillor Chris Poll explained that the planning officer at the time dismissed any aspects of the Neighbourhood Development Plan as being older than VALP.
• Councillor Frank Mahon asked Councillor Chris Poll to explain why his ward was different, as stores in his ward close at 10pm or 12am. Councillor Chris Poll responded that all their stores are corner stores, not big chains, and that his ward is the most rural within Buckinghamshire.
• Councillor John Wilkinson, an Eddlesbrough parish councillor, said that the site is in a predominantly residential part of the village, and extending the late-night opening would simply extend the misery for nearby residents by a further two hours without any evening or weekend respite.
• Daniel Botten, a planning consultant representing the applicant, said that the original submission proposed that the store should be able to operate between 7am and 11pm, and this was endorsed by the Council's environmental health officer at that time.
• Ross Powell, the Community Engagement Manager for Tesco, said that residents in Eddlesbrough's options for buying essential goods like baby formula, nappies, or even just milk and food for the morning are limited. He also said that Tesco operates a very strict policy on the sale of alcohol to the general public, and has committed to fostering strong community relations.
• In response to questions, Ross Powell said that Tesco anticipates there is going to be some demand for the extended hours, and that they have similar express stores in villages like Eddlesbrough all over the country, and they are being used when they're open until 10 o'clock at night.
• Councillor Derek Town said that by bringing in a Tesco with longer opening hours, it will change that rural environment into an urban environment by actually being there.
• Councillor Peter Cooper said that as far as he can see, apart from now knowing it's Tesco, the detail of the application this time and last time and all the criteria are exactly the same. He asked why they should change their decision now.
• Councillor Ashley Bond said that Tesco knew that the closing time was 8pm before they bought the store, so how could they come back and get to our extension when we put the DALs in to protect the residents?
• Councillor Susan Morgan asked the officer why the report contains so much content and takes into consideration lots of different policies if they are only considering the additional two hours.
• Councillor Zahir Mohammed said that he believed the officer should also have considered NE5[^2], and that restricting consideration to only BE3 restricts the committee's ability to properly assess it. [^2]: Policy NE5 relates to pollution, air quality and contaminated land.
• Councillor Derek Town said that the areas which they're discussing, and could possibly discuss in a legal sense, would be the areas between 7.10, 7.11, and 7.12 of the report, which would be the reasonable areas in the report, which is the areas of the change, which is the only substantive change from the original application, is the change in hours.
• Councillor Phil Gomm asked why they can't add NE5 as one of their decisions in deliberation when it comes to it.
• Councillor Susan Morgan asked the officer about 7.9 in the report and why they consider that it's not relevant to this report.
• Councillor Frank Mahon said that since the first application was heard and Section 10 was put in, the only thing that's changed is the name of the owner, so he can't get his head around why they would allow this to go through.
• Councillor Ashley Bond said that they protected the residents by closing at eight o'clock, so Tesco knew that before they bought the store.
• Councillor Adekunle Osibogun said that the restriction to 8pm was based on the grounds that most of the activities within that community closes at 8pm, and that to extend it beyond that period would bring unreasonable harm to the amenities of that rural community.
• Councillor Robin Stuchbury said that he was having difficulty finding substantive grounds to go against the officer's recommendation based upon the grounds which has been put forward by the legal officer and the officer in this meeting.
• Councillor Susan Morgan said that there's no economic argument because the existing hours are not being used at the moment anyway, so no hard evidence can be presented.
• Councillor Derek Town said that the original application put these conditions on to protect or to appease or as a compromise to the residents, and that they have made their case and nothing has changed since the last application.

Approval of varied conditions for Mentmore health clinic

Councillors voted to approve application 24/03720/VRC, which related to Suite 1, The Old Haybarn, 9 Rosebery Mews, Mentmore. The application sought to vary conditions 2 and 3 relating to application 08/02616/APP, which was for the change of use of part of unit from Class B1 (Offices) to Class D1 (Health Clinic) use. The applicant, M & J Gaymer, wanted to enable the use of part of the ground floor of the building for osteopathy, physiotherapy and reformer pilates, and to extend the hours of operation.

The committee voted to approve the application, in line with the officer’s recommendation, subject to the imposition of a planning condition to secure the provision of signage to direct vehicles.

Key points raised during the discussion included:

• Councillor Chris Poll stated that the residents of Rosebery Mews will live with the pilates studio running up to 6 pm, but pushing it from six till eight is just a stretch.
• Councillor Phil Gomm asked if the entrance coming in the driveway coming down to Rosebery Mews and down to the old hay barn is a private driveway or is that a highway.
• Councillor Susan Morgan asked if the pilates classes are already running and they're already running them after 6pm, suggesting this is part retrospective.
• Councillor Peter Cooper asked if there were other users of the haybarn, how many cars they have and how many parking spaces they use.
• Councillor Robin Stuchbury asked if the facilities down there are generally for the well-being of the residents there and the residents on the outside of Mentmore, and in calling this in, his concern is about just the extension of the hours which haven't changed since 2008.
• Glenn Wiggly, a neighbour, said that he objected in 2008 and asked what has changed that would consider the council to change these conditions to allow the longer hours.
• Councillor Caroline Cornell asked Glenn Wiggly if he objected to the business expanding.
• Councillor Phil Gomm asked Glenn Wiggly about a piece of land with a tree in the middle of it by the side of the barns, and who owns that.
• Councillor Zahir Mohammed asked Glenn Wiggly if he could summarise his understanding of his concern, that for the past 15 years he hasn't had any challenges with the businesses, but because it's to be extended for another two two hours, he's worried that properties one and seven will be impacted by light pollution within those hours.
• Councillor Peter Brazier said that the most recent people that bought property there were told there was this 6 pm restriction and they understood and they accepted that.
• Lucy Stone, the planning agent, clarified the planning history of the site, and said that they are literally talking about the two hours, and that references to parking during the day etc as per the previous application is wholly irrelevant.
• Councillor Peter Cooper asked Lucy Stone to confirm that they already have permission for parking up till 6 p.m, so they're only really considering 6 p.m to 8 p.m.
• Councillor Zahir Mohammed asked Lucy Stone if it's next until 8 pm, are you likely to lose that tenant then.
• Councillor Frank Mahon asked Lucy Stone what her hours of trading are, and what's she trading at the minute.
• Councillor Robin Stuchbury asked Lucy Stone if she had been made aware of those things how they taking place on a regular basis, referring to the use of the public car park.

The minutes of the meeting state that the committee resolved to add a planning condition to secure the provision of signage to direct vehicles.