Land at The Digs and The Studio, Heathfield, Kidlington, OX5 3DX

Without the benefit of planning permission, the erection of two units of residential accommodation with associated residential curtilages

Authority: Cherwell District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Roberts J

Main issues, as the Inspector framed them

whether the development amounts to inappropriate development in the Green Belt
the effect of the development on the character and appearance of the surrounding area

What decided it

The 43% volume increase in the replacement building falls below the Council's own established threshold of 50% for what is not materially larger, and thus the development is not inappropriate in the Green Belt, subject to removal of the unacceptably designed rear dormer windows by condition.

Plan policies cited: Policy ESD14, Policy ESD15, Saved policies C28, Saved policies C30

Judgments cited: Hibbitt and Another v SSCLG and Rushcliffe BC [2016]; Oates v Secretary of State for Communities and Local Government [2017]

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

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Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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