Condition changes for housing scheme at Land Between Royston Road And Cambridge Road, Barkway

What was proposed

The application sought to change conditions controlling an approved scheme for up to 140 homes and a shop, including access, the masterplan and drainage.

“The application proposes the variation of Condition 3 and Condition 20 of planning permission 18/01502/OP. The outline permission, to which this application relates, was an “outline application with all matters reserved other than strategic point of access onto Royston Road and Cambridge Road for the erection of up to 140 dwellings and a new shop”. This application was approved by Planning Control Committee on the 1 st…”

“Concurrent with the submission of the first Reserved Matters application, and any subsequent Reserved Matter applications, a Masterplan Compliance Statement shall be submitted to and approved in writing by the Local Planning Authority. The Masterplan Compliance Statement shall provide detailed explanation of how the proposal accords with the Masterplan Summary Report approved under application reference No.”

Officer report

The site

The 7.62-hectare site is arable land between two roads, crossed by a north–south bridleway and allocated for housing.

“The application site is 7.62 ha in size and is arable land situated between Royston Road and Cambridge Road with an existing bridleway running north / south through the site. The Chiltern Ridge runs east – west along the north site boundary with Newsells Estate lying to the north and the Cokenach Estate off to the north east. The site is allocated for housing under Local Plan Policy SP8 – Local Housing Allocation BK3.”

Officer report

Earlier planning history

The outline permission was granted in 2023, a previous condition-change appeal was withdrawn, and reserved matters remained under consideration.

“18/01502/OP - Outline application with all matters reserved other than strategic point of access onto Royston Road and Cambridge Road for the erection of up to 140 dwellings and a new shop – Granted Conditional Permission on 25/07/2023.”

“24/01994/S73 - Variation of wording to Condition 3 and Condition 20 of planning permission 18/01502/OP granted on 25.07.2023 – Appeal withdrawn on 05/09/2025.”

Officer report

Why the changes were needed

The original wording was considered too restrictive, while further investigation identified a more practical drainage solution that retained flood-risk controls.

“It was agreed, as part of the discussions that took place during the previous S73 application, that the original wording of Condition 3 was unreasonably restrictive in the scope of an outline planning application and should be varied. It is also material that updated studies required to discharge other conditions in the outline planning permission created a conflict with the original wording of Condition 3, in particular regards to flooding.”

“To summarise the rationale, the surface water drainage strategy approved by the outline permission would be difficult to implement and a more preferable solution has been identified following further investigation of the site.”

Officer report

Consultation and objections

One neighbour objected, the parish council raised concerns but did not object, and highways and flood authorities raised no objections.

“One neighbouring objection has been received. The neighbouring objection can be viewed in full on the NHC website. In summary, the objection is to the variation of condition 3 and that the applicant should not be able to change the agreed scheme. The objector also raised the issue of Condition 9 relating to waste water capacity.”

“Barkway Parish Council – Concerns raised, no objection. Support for the inclusion of Condition 4.”

Officer report

Who spoke

Representatives of the applicant spoke in support, saying no plan changes were proposed and the amendments addressed restrictive conditions and drainage.

Members’ questions

Members asked about the amended condition, masterplan compliance and the legal protection of the original planning obligations.

“The original condition 3 was restrictive and had therefore been amended to be in accordance with the details which formed the basis of the application. • A Masterplan Compliance Statement would be submitted for condition 4 which would provide explanation of how it would accord with the masterplan and that any variation would require justification. • The original masterplan was predated from 2018.”

“The original section 106 agreement did not include a Section 73 clause. • It was critical to ensure that any amended condition was dealing with the legal mechanism to protect the original Section 106 agreements.”

Minutes

The vote

The chair proposed approval, the motion was seconded, and the committee voted to grant permission.

“Councillor Nigel Mason, as Chair, proposed to grant permission and this was seconded by Councillor Dave Winstanley and, following a vote, it was:”

“RESOLVED: That application 25/02234/S73 be GRANTED planning permission subject to the conditions set out in the report of the Development and Conservation Manager, amended as follows:”

Minutes