Planning obligation modification at Street Record, Spring Meadows, Great Shefford, Hungerford

“Modification of Planning Obligation on approved application 87/30084/ADD (130084) - the Seventh Schedule section (F) of legal agreement dated 24th May 1988. Street Record, Spring Meadows, Great Shefford [name withheld] 1 Extension of time agreed with applicant until tbc…”

“West Berkshire Council Western Area Planning Committee 19 th August 2026 1. Introduction 1.1 The purpose of this report is for the Committee to consider the proposed development against the policies of the development plan and the relevant material considerations, and to make a decision as to whether to approve or refuse the application.”

“Planning History 2.1 The table below outlines the relevant planning history of the application site. Application Proposal Decision / Date 87/30084/ADD Residential development and football pitch Approved / 26.10.1988 25/01800/FULMAJ Proposed 16no dwellings, new access, public open space and landscaping Pending Consideration 3.”

“West Berkshire Council Western Area Planning Committee 19 th August 2026 letter dated 9 th September 2008) that a return to agricultural use accorded with the seventh schedule (Section F). The land has therefore not performed its original recreational function for approximately three decades and has not operated as an active football pitch for a considerable period of time.”

“Through that process the Council concluded that residential development on the site is acceptable in principle, subject to compliance with the detailed requirements of Policy RSA23 and other relevant development plan policies. The restriction contained within Schedule 7(F) was intended, amongst other things, to prevent alternative forms of development occurring on the land without the Council's consent.”

“The following material considerations are relevant to the consideration of this application: • The National Planning Policy Framework (NPPF) • The Planning Practice Guidance (PPG) • Planning Obligations SPD (2014) 6. Appraisal Legislative and Policy Context 6.1 This application seeks modification of a planning obligation contained within a Section 52 Agreement dated 24 May 1988 associated with planning permission 87/30084/ADD.”

“The assessment is therefore concerned with the present planning purpose and effect of the obligation rather than whether the obligation was justified when originally entered into. The application is not a determination of the acceptability of any future residential development on the land. Original Purpose of the Obligation 6.5 Planning permission 130084 (87/30084/ADD) granted consent for residential development together with the provision of a football pitch.”

“West Berkshire Council Western Area Planning Committee 19 th August 2026 3.9 Any interference with property rights is in the public interest and in accordance with the Town and Country Planning Act 1990 regime for controlling the development of land. This recommendation is based on the consideration of the proposal against adopted Development Plan policies, the application of which does not prejudice the Human Rights of the applicant or any third party. 4.”

“The Parish Council considers that altering the covenant now would undermine the original intent of the agreement and weaken the protections it provides. They therefore request that the proposed modification be refused. Public representations 4.2 Representations have been received from 18 contributors, all of which object to the proposal. The full responses may be viewed with the application documents on the Council’s website, using the link at the start of this report.”

“26/00036/MDOPO Street Record, Spring Meadows, Great Shefford This item was deferred to a future meeting of Western Area Planning Committee. (2)”