Developer to fork out council fees for appealing 'sound' refusal of woodland homes

Plans for homes in a protected Bourne End woodland that was allegedly subjected to a ‘chainsaw massacre’ have been thrown out by a planning inspector.

Marcus Solomon Management Ltd has been ordered to pay Buckinghamshire Council’s legal costs after appealing the local authority’s refusal of three bungalows in Fieldhead Gardens.  

Outraged villagers had rallied to defend the woodland near Bourne End station, amid fears tree clearance before the developer lodged its plans had set the groundwork for building to begin.

Considering the appeal, planning inspector David Murray said the plans would cause ‘fundamental and harmful change’ to the woodland.

Mr Murray added the decision to appeal Buckinghamshire Council’s ‘sound’ refusal had been ‘unreasonable’.

He ruled the developer was liable to pay the council’s appeal costs in full.

The Fieldhead Gardens debacle began when contractors on behalf of United Arab Emirates-based landowner MMDM Developments undertook tree feeling in early 2023.

Residents, joined by ward councillor Stuart Wilson (Independent), protested the work believing it had strayed beyond the permission granted by Buckinghamshire Council.

A website set up to raise awareness of the felling described it as a 'chainsaw massacre'. 

The felling was later the subject of a council enforcement investigation.

The small woodland space is a dedicated green space in the Wycombe Local Plan, with tree protection orders (TPOs) on several maple and oak trees.

There had been three refused planning applications for homes at the site and MMDM Developments submitted proposals for three detached bungalows homes in October, 2023.

Buckinghamshire Council again refused permission over ‘fragmentation of a protected woodland’ and ‘increased pressure’ on protected trees already at the site.

But the Fieldhead Gardens woodland was plunged into uncertainty when the developers lodged an appeal to the Planning Inspectorate – a government body ruling on planning disputes.

In a statement on behalf of the developer’s appeal, Barrie Stanley from Heritage & Architecture, accused council planning officers of initiating a ‘wild goose chase’.

He said the council had undertaken ‘a completely flawed assessment of the application’ which had caused ‘much further unnecessary complication and waste’.

Plans for the homes were lodged by MMDM Developments but appeal documents refer to British Virgin Islands registered company Marcus Solomon Development Management Ltd. 

In his ruling, inspector Mr Murray said the plan would likely cause ‘fundamental and harmful change’ to the site’s ‘verdant character.

He added development would stunt the ‘regeneration’ of the protected woodland and ‘likely to add to further pressure to fell or reduce the mature trees on site’.

Discussing the tree clearance works, the inspector said:

“This cleared space is likely to have resulted from the TPO works permitted by the council for good woodland management, although some of the representations submitted by local people query the extent and purpose of the works.”

The developer and council lodged competing bids for an award of legal costs in the appeal; but the planning inspector sided with Buckinghamshire Council.

Mr Murray said, ‘unreasonable behaviour resulting in unnecessary or wasted expense has occurred and a full award of costs is therefore warranted’.