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Planning appeal decision

Quashed On Legal Grounds18 August 20213260176

Land West of Old Belchers Farmhouse, Little Milton, OX44 7PU

Without planning permission the material change of use of land from agriculture to a mixed use, namely 1) agriculture, and 2) the displaying of art works

Authority
South Oxfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Change of use
Inspector
Lewis D

Main issues, as the Inspector framed them

  • Whether or not as a matter of fact the Land was agricultural land and works of art were displayed there (ground (b))
  • Whether as a matter of fact and degree the displaying of art works became a primary use resulting in a change to a mixed use of the Land and, if so, whether there was a change in the definable character of the use such that development in the form of a material change of use occurred (ground (c))

What decided it

Although a mixed use had arisen, the Inspector found no material change in the definable character of the use of the land, so no development had occurred and there was no breach of planning control.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.