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Planning appeal decision

Planning permission granted31 August 20213261622

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

Planning appeal 3261622 at Land at The Digs and The Studio, Heathfield, Kidlington, OX5 3DX (Cherwell District Council) was allowed on 31 August 2021 by Inspector Roberts J, by written representations. The main issue, as the Inspector framed it: whether the development amounts to inappropriate development in the Green Belt.

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
Postcode
OX5 3DX

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.

What the Inspector cited

Development plan policies
Policy ESD14Policy ESD15Saved policies C28Saved policies C30
Judgments
Hibbitt and Another v SSCLG and Rushcliffe BC [2016]; Oates v Secretary of State for Communities and Local Government [2017]

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Cherwell District Council

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

  1. Allowed27 October 20266013633
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  2. Allowed27 October 20266013632
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  3. Notice varied and upheld28 September 20263369931
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  4. Notice varied and upheld28 September 20263369925
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  5. Dismissed18 September 20266011095
    Land 7608 Adjacent to Crowcastle Lane, North of Kirtlington Allotments, Kirtlington, ox53hp

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.