Burnham Neighbourhood Plan

5.7. The policy defines the presence of green and blue infrastructure assets in the Parish which have multiple roles including carbon sinking, flood alleviation, climate change mitigation and biodiversity net gain. By doing so it supports Core Strategy Policy 6 ‘Local Infrastructure Needs’. Plan J shows the full extent of the Network, which allows applications to determine if their proposals should take this policy into account. The Parish Council should take an active role in ensuring that development proposals are complying with the policy. 

5.8. The policy requires that all development proposals that lie within the network, or that adjoin it, should consider how they may improve it, or at the very least do not undermine its integrity of connecting spaces and habitats. This may mean that development layouts are designed to contribute to the network’s effectiveness. The policy also requires a biodiversity net gain to be delivered. This is expected to be in line with national provisions which is expected to be a minimum of 10% as identified in the Environment Act 2021. Net gain will be measured using DEFRA’s latest biodiversity metric.

5.9. The policy also recognises that the provisions of the NPPF on irreplaceable habitats (such as ancient woodland or ancient or veteran trees) applies in the designated neighbourhood area. Proper management of this special resource will be expected to be in line with Natural England and the Forestry Commission’s standing advice on this matter^[1]. Development will also be expected to have regard to existing standing advice on hydrology currently provided in the form of the Development Management Guidance Note: Hydrology in Burnham Beeches, February 2014^[2].

5.10. Clauses E and F respond to the biodiversity net gain (BNG) provisions of the Environment Act 2021 which became a statutory part of plan making and development management in February 2024 and April 2024 for small sites. The statutory BNG Metric provides the means for applicants to calculate the baseline biodiversity value of the application site in determining the net gain requirement of their proposals. 

5.11. Clause E relates to those parts of the Network of biodiversity value. Given it includes all defined Priority Habitats and semi-natural habitats, native hedgerows and trees and natural water bodies, the clause anticipates that the distinctiveness multiplier score of the BNG Metric (from very low to very high) will be at least medium. The Biodiversity Metric User Guide can be viewed online here.

5.12. Finally, the policy sets out how the loss of biodiversity value will be addressed through a sequential approach. The new biodiversity net gain requirement of at least 10% (as set out by the Environment Act of 2021 and the Biodiversity Net Gain SPD) should be delivered either onsite or within or adjoining the Network so that the benefits of development are accrued as close as possible. In every case, attention should be paid to schemes avoiding undermining the openness of the Green Belt. However, it is accepted that the Network in the Parish may not be suited to delivering every type of required off-site gain. In such cases Clause F allows for the gain to be delivered in adjoining parishes to Burnham parish or, as a final resort, on land elsewhere.

Plan J: Green Infrastructure Map

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^[1] https://www.gov.uk/guidance/ancient-woodland-ancient-trees-and-veteran-trees-advice-for-making-planning-decisions

^[2] https://www.buckinghamshire.gov.uk/planning-and-building-control/planning-policy/local-development-plans-and-guidance/local-planning-guidance/

5.13. The policy designates a series of Local Green Spaces in accordance with §105 – §107 of the NPPF. A designation has the policy effect of the equivalence of the Green Belt in terms of the definition of ‘inappropriate development’ consistent with §152 of the NPPF and of the ‘very special circumstances’ tests in the NPPF when determining planning applications located within a designated Local Green Space. For this reason, some spaces which are important, but already lie within the Green Belt, have not been included in this list but may be identified in other policies of the Neighbourhood Plan. Other areas are not included on this list, as they are not considered to be under significant threat but remain important to the community and are listed elsewhere in this document. This policy is in line with Core Strategy Policy 5 ‘Open Space, Sport and Recreation’ which highlights the importance of green spaces, sports and recreational facilities for improving healthy living and social inclusion. 

5.14. A review of all open land within the settlement has been completed, informed by the qualifying criteria in the NPPF. The land is considered to meet those criteria and is therefore worthy of designation as illustrated and justified in Appendix B. In the Parish Council’s judgement, each designation is capable of enduring beyond the end of the plan period. The owners of these sites were notified of the proposed Local Green Space designations during the preparation of the Plan.

5.15. The policy has been reviewed in relation to the consideration in the Court of Appeal (2020 EWCA Civ 1259) of an equivalent policy in a neighbourhood plan in Mendip District. Policy BUR4 follows the matter-of-fact approach in the NPPF. In the event that development proposals come forward on the local green spaces within the Plan period, they can be assessed on a case-by-case basis by Buckinghamshire Council. In particular it will be able to make an informed judgement on the extent to which the proposal concerned demonstrates the ‘very special circumstances’ required by the policy. 

5.16. This policy is inspired by the London Plan principle of an Urban Greening Factor (UGF) to encourage more and better urban greening as the prime means of increasing climate resilience. Burnham offers a blend of more densely populated urban areas alongside quieter, tranquil rural countryside features. In places it has similar older and suburban characteristics to parts of London, therefore it has a similar need and potential for this approach to support the town in adapting to and mitigating the impacts of climate change. The policy is not part of the Burnham Design Code as it applies to land across the whole town and not just its older areas.

5.17. The model assists in determining the appropriate provision of urban greening for new developments and is explained in detail in Appendix C. Urban greening should be a fundamental and integral element of site and building design in the future, incorporating measures such as high-quality landscaping (including trees), green roofs, green walls and nature-based sustainable drainage.

5.18. The policy sets targets for new residential (a factor of 0.4) and commercial (0.3) uses and only applies to major applications. Burnham is a relatively densely populated urban and suburban area in places, with much of its green infrastructure located towards the northern boundary of the parish. With the intensification in parts of the area in the coming years, there is a premium on making a step change in its climate resilience. It is therefore reasonable to adopt a these UGF targets and, given land values and the positive approach taken to enabling new development, there is no reason to believe that the target will undermine the viability of new developments.

5.19. The policy seeks to encourage safe, accessible, convenient and enjoyable means of walking and cycling in the parish. It refines Core Policy 7 on Accessibility and Transport by providing a local element to its provisions.

5.20. Currently, there is little provision for cycling in the area. The best recreational cycling is around the Beeches on the tarmacked surfaces and along the Jubilee River (just outside the Parish boundary). These are free of motorised traffic but shared with pedestrians and horses. Additionally, a number of the existing footpaths are in need of improvements. 

5.21. The policy therefore seeks to start to deal with these issues by identifying the main existing walking and cycling routes. The Policies Map shows the full extent of the Network, which allows applications to determine if their proposals should take this policy into account. The policy requires all development proposals that lie within or adjacent to the Network to consider how they may improve connectivity, or at the very least do not undermine the existing value of the Network, or the opportunities for improvement.

5.22. Where proposals include provision for landscaping, new means of access or new layouts, there may be an opportunity to relate the land better to the Network and/or improve the attractiveness and connectivity of routes. Proposals should therefore consider this in the design of schemes without undermining other planning policy objectives. In some cases, proposals will enable the creation of new connections and/or the delivery of opportunities for improvement that extend the benefits of the Network. They will be supported provided they are appropriate in other respects. At the very least, the policy requires that proposals that will undermine the existing value of the Network, or opportunities for improvement, will be refused permission.

5.23. Proposals may find it useful to refer to the Cycle Infrastructure Design (LTN 1/20) Guide which sets out key principles for designing high quality and safe cycle infrastructure. Additionally, the Buckinghamshire Local Cycling & Walking Infrastructure Plan (LCWIP) is currently in development which envisages the development of a countywide active travel network for Buckinghamshire. It provides strategic opportunities for linking local networks, focussing on links through and between villages and towns. Proposed links that could be of interest in the area include Beaconsfield – Farnham Common – Farnham Royal.

5.24. The Policies Map and Plan H below identify a number of areas where improvements to the Network are most needed. Further details on the current condition of these routes as well as suggestions for improvements can be found in Appendix D. 

Plan K Sustainable Travel Map 

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5.25. The Local Community Uses list identified in Appendix E is comprised of a mix of religious worship sites, educational facilities, sport & recreational facilities, healthcare facilities and residential care homes. The Use Class Order of September 2020 now deems such uses as either Class F2 (‘Local Community Uses’), in the case of schools and churches, F1 (‘Learning and non-residential institutions’), in the case of day nurseries and medical services, E (‘Commercial, Business and Service’), and in the case of residential care homes, C2 (‘Residential institutions’). 

5.26. Policy COM2 ‘Loss of Community Facilities’ of the South Bucks Local Plan and Policy 5 ‘Open Space, Sport and Recreation’ and Policy 6 ‘Local Infrastructure Needs’ of the South Bucks Core Strategy seeks to avoid the loss of community facilities, open space, sport and recreational facilities. The policy therefore identifies community facilities to be protected from loss. As finding land for such uses is often difficult, it is important that established land is retained in that use, even if the current occupier is not viable. A description of each facility and its community value is provided in Appendix E. Collectively, these facilities are cherished by the community and offer a valuable and vital resource to support community life, and therefore warrant the protection of the policy.

5.27. Whilst it is acknowledged the Neighbourhood Plan cannot directly deliver the re-opening of Burnham Park Academy, it is seeking to retain the existing use of the site to reflect the wishes of the community. Even if current evidence shows insufficient demand for a new secondary school in Burnham at this time, the Parish Council maintains the position that its location is so significant that should it be required within the plan period (2045), the site ought to be safeguarded for the future. This is particularly pertinent looking into the future, given the recent increase in Buckinghamshire Council’s updated housing requirement figure. In policy terms, the BURNP can continue to be safeguarded as a school (the last established use was F1) and there have been no applications to change the use since its closure.

5.28. It is recognised that in some cases, particularly for Class E, change of use do not require planning permission. This is because new permitted development rights have enabled future changes of use from what are now Class E (commercial, business and service) uses to residential uses through the prior approval system. That prior approval system still requires consideration of the harmful effects to the character of the Conservation Area (if the premises lies within it) and the impact on local provision if a medical service or day nursery service is lost. Although the neighbourhood plan policy is not engaged in a prior approval determination, together with Policy BUR1 it has identified these services play an important part in the distinct function and character of the Conservation Area, and the impact of their loss would be detrimental to local community life. The evidence provided as part of the neighbourhood plan therefore provides a legitimate reason for refusal for proposals that will lead to the loss of these particular services. 

5.29. It is now widely accepted that high streets need to diversify to become more community focussed in their use and to do so requires planning for a mix of different uses^[1]. Unsurprisingly therefore, there is a local desire to protect community facilities and pubs, local businesses and shops, encourage new and improve existing community facilities and encourage change and improvements to the environment in the Village Centre. It is also therefore not enough for planning policy to seek to simply protect existing commercial business, and service uses. It is also important for planning policy to enable a diversification of uses to allow for emerging trends and needs to be met. 

5.30. Burnham Village Centre is a functional centre and has retained a healthy variety of commercial, business and service uses with a reasonably high occupancy rate, however the High Street has been affected by some recent closures. The majority of these uses are located on the High Street itself, or the roads which immediately adjoin it including Church Street and Jennery Lane. 

5.31. The policy is twofold, firstly it protects the essential core of local shopping facilities in Burnham Village Centre, in line with the provisions of Local Plan Policy S2 ‘Local Shopping Centres’ and Core Strategy Policy 11 ‘Healthy and Viable Town and Village Centres’ which gives particular support to the retail offer in Burnham as a Local Centre.  The Village Centre plays a vital role in providing the local communities with convenience and local services that reduce their dependence on travelling to larger centres. The Chiltern and South Bucks Retail Study 2017 noted that Burnham was the most popular destination for pubs or bars with residents within Zone 6 (Burnham/Slough West). However, the Retail Study also noted that Zone 6 had the fewest visitors for health and fitness reasons than anywhere else in the Districts and many residents from Zone 6 will go elsewhere to meet their health and fitness needs, because there is a lack of local provision. The focus of commercial, businesses and services use however, need only be limited to ground floor frontages and other local community uses would be well suited to upper floors, as is the case already. Commercial, business and service uses play an important role in the distinct function and character of the Conservation Area, and the impact of their loss would be detrimental to local community life. Paragraph 5.26 is therefore also relevant in this respect.

5.32. In addition to protecting existing commercial, business and service ground floor frontages, it is considered that changes which seek to meet local needs in retaining, or enhancing, the vitality and viability of the defined Village Centre should be encouraged and enabled. The policy therefore also seeks to encourage mixed use schemes in the defined Village Centre, which retains an active ground floor frontage and contribute to the attractiveness of the defined Village Centre through public realm enhancements.

5.33. The Conservation Area Appraisal details many features and characteristics that contribute to the attractiveness of Burnham Village Centre and should be used as a starting point to inform the design of public realm enhancements.

^[1] https://www.highstreetstaskforce.org.uk/resources/details/?id=40ffe198-8121-462b-b77a-7fa3a8de3550

5.34. One of the most important measures that can be taken to tackle climate change is in how buildings are designed to ensure they are ‘zero carbon ready’ now, so they don’t have to be expensively retrofit in only a few years’ time (at an estimated cost per dwelling of between £15K/£25K). There is a growing evidence base to suggest that buildings do not perform as well as anticipated at design stage. Findings demonstrate that actual energy consumption in buildings will usually be twice as much as predicted. This passes on expensive running and retrofitting costs to future occupants.

5.35. Clause A of the policy therefore requires that every building in a consented housing development scheme of any size is subject to a Post-Occupancy Evaluation (POE) including actual metered energy use, and to submit the report to the local planning authority. It will be implemented by attaching a planning condition, which will only be discharged once the report has been submitted and any recommended actions to rectify any performance gap with the design stage assessment are carried out by the developer. There is no current adopted development plan policy which seeks to deal with the performance gap. In the absence of supplementary guidance from Buckinghamshire Council on POE, guidance has been included in Appendix F. Passivhaus certified schemes will not fail in this way and they are therefore exempted from this policy requirement. PassivHaus is the most common and rigorous design approach, although the build cost is slightly higher than normal, the ongoing energy cost to occupiers is a fraction of the cost now (so avoiding fuel poverty).

5.36. To further incentivise the use of the Passivhaus, or equivalent standard, Clause B of the policy acknowledges that there may sometimes be a trade-off between its objectives and local design policy. Although meeting these standards ought not to compromise a scheme fitting in with the character of a local area, on occasions this may be the case. It therefore allows for some degree of flexibility in meeting the adopted design guidance, especially in terms of prevalent building orientation and density. Proposals seeking to apply the Passivhaus Planning Package (PHPP) must also be able to demonstrate that the Passivhaus standard can be achieved. Prior to commencement a ‘preconstruction compliance check’ completed by a Passivhaus Designer accredited by the Passive House Institute (PHI) will be required and secured by condition. Upon completion a Quality Approved Passivhaus certificate for each building will be required prior to occupation, again secured by condition.

5.37. Clause C of the policy requires developers to ensure they address the Government’s climate change targets and energy performance at the very initial stages of design. ‘Zero Carbon Ready’ by design means making spatial decisions on layout and orientation of buildings at the outset to maximise the passive design benefits (‘free heat’) of a site and avoids leaving this to technical choices and assessment at the Building Regulation stage, by which time the opportunity may have been lost. Applicants are directed to the Net-Zero Carbon Toolkit created by Cotswold District Council and two partner councils, WODC and Forest of Dean District Council. The toolkit is available as a resource for private and public sector organisations to use and adopt (link).

5.38. Clause E requires a Sustainability Statement to demonstrate compliance with the policy along with the passive design capacity assessment, it is anticipated that designers will demonstrate compliance using a design for performance methodology such as the PHPP or CIBSE TM34 Operational Energy. Achieving this level of performance will make a significant contribution to mitigating climate change that the Neighbourhood Plan can help deliver. Many developers and housebuilders are ‘pricing in’ the need to meet such standards within the next five years anticipating that the Government will need to make national requirements as part of its climate change obligations. This new information requirement need not be an unreasonable expectation of even the smallest schemes for new buildings.

5.39. The policy complements Core Strategy Policy 8 on built and historic environment and Policy 12 on sustainable energy. However, in the absence of any current adopted policy from Buckinghamshire Council covering the energy performance of new buildings, Clause E also requires all development proposals that are not householder applications to be accompanied by a Whole Life-Cycle Carbon Emissions Assessment, RICS methodology is preferred (link).The assessment will enable the design team to understand and respond to the lifetime consequences of their design decisions and to design for adaptability, longevity and disassembly; contributing to resource efficiency (as per Clause C of the policy) and contributing to the ‘circular economy’.

5.40. These requirements will be added to the Buckinghamshire Council Validation Checklist for outline and full planning applications applying to proposals in the parish until such a time that there is a district-wide requirement.

5.41. Every new build or redevelopment project in the parish provides an opportunity to make a difference and a contribution towards meeting our climate change targets for 2050. This new information requirement need not be an unreasonable expectation of even the smallest schemes for new buildings.