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Planning appeal decision

Quashed On Legal Grounds18 August 20213260176

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

Planning appeal 3260176 at Land West of Old Belchers Farmhouse, Little Milton, OX44 7PU (South Oxfordshire District Council) was decided (quashed on legal grounds) on 18 August 2021 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: Whether or not as a matter of fact the Land was agricultural land and works of art were displayed there (ground (b)).

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
Postcode
OX44 7PU

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 decision letter

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More decisions in South Oxfordshire

The authority’s record since 2016 · every decision in 2021

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  5. Notice upheld23 July 20263285145
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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