Planning Application 24/03426/AOP/Bourton Road
I write in response to the decision issued on the 31st March 2026, in respect of appeal APP/J0405/W/25/3372565, which has been determined in favour of the applicant.
Whilst this outcome is disappointing, it is not unexpected given the current shortfall in housing delivery against Government requirements.
However, I wish to raise a specific concern regarding paragraph 45 of the Inspector's decision, following on from my previous mail dated 1st September 2025.
As noted, a number of residents raised concerns at the application stage about the capacity of Anglian Water’s wastewater recycling centre to accommodate foul flows arising from the proposed development. The Inspector records that Anglian Water has confirmed this matter has been resolved and propose a condition requiring confirmation of capacity prior to the occupation of the dwellings.
The above statement "confirmed this matter has been resolved", if directly related to the previous Anglian Water statements, is factually incorrect, as it stands there is no money available or plans to increase the capacity at the Water Recycling Centre.
The decision further acknowledges that the use of such a condition on another site is currently subject to legal challenge, yet concludes that it would meet the tests set out in paragraph 57 of the National Planning Policy Framework.
Paragraph 59 of the decision states: “A condition is imposed to ensure that written confirmation from Anglian Water is received confirming that there is sufficient capacity at the water recycling centre to accommodate the foul flows from the site to protect water quality and prevent pollution (37).”
This approach initially appears to rely on a Grampian-style condition, the enforceability and robustness of which are open to question—particularly in light of the ongoing legal proceedings referenced. We are concerned that such an approach may fail to provide sufficient certainty that the necessary foul water infrastructure will be delivered in advance of occupation. However the statement in Paragraph 59 does on the surface appear to meet the requirements of our previous aforementioned email, requiring that no development shall begin until Anglian Water has confirmed that sufficient and secured sewage treatment capacity is available at Buckingham Water Recycling Works.
The following analysis is based on data obtained by FA4B via a Freedom of Information request to Anglian Water covering the period 1 January 2024 to 25 November 2025. The data was standardised to consistent volumetric units to enable direct comparison between capacity and recorded throughput at the Water Recycling Works serving Buckingham.
This assessment demonstrated that the Buckingham Water Recycling Works operated in excess of its stated capacity for 76.98% of the assessed period, with peak loading reaching up to 260% of capacity. This is not indicative of intermittent exceedance but of sustained and systemic overloading.
Furthermore, it is understood that the site has been operating above capacity since at least 2015. This establishes a long-standing infrastructure deficit rather than a short-term operational anomaly.
Given these findings, it is essential that any submissions or representations made by Anglian Water include a clearly defined, deliverable and timebound expansion plan for the Buckingham Water Recycling Works. This plan must demonstrate how both existing demand and any additional load arising from future development will be accommodated.
It is also understood that the required upgrades are to be self-funded by the operator.
I would be grateful if you could confirm the Council’s position on this matter, including:
The enforceability and robustness of the proposed condition;
Whether reliance on a pre-occupation condition is considered sufficient in this instance;
Whether any further consideration is being given to strengthening the condition to a pre-commencement requirement as per Paragraph 59; and
What mechanisms are in place to ensure that the necessary infrastructure will be delivered in advance of occupation.
I have attached the appeal decision document for ease and look forward to your response.
Yours Sincerely,
FA4B.