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Notice upheld7 June 20223269785

Land at Greys Meadow Studio, Rotherfield Greys, Henley-on-Thames, Oxfordshire, RG9 4QJ

Planning appeal 3269785 at Land at Greys Meadow Studio, Rotherfield Greys, Henley-on-Thames, Oxfordshire, RG9 4QJ (South Oxfordshire District Council) was dismissed on 7 June 2022 by Inspector Moss J, following an inquiry. The main issue, as the Inspector framed it: Whether or not the location of the development is/would be acceptable, having regard to relevant planning policy and guidance on the location of such development.

Erection of art studio, with details of access, car parking and landscaping (Retrospective)

Authority
South Oxfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Other minor developments
Inspector
Moss J
Postcode
RG9 4QJ

Main issues, as the Inspector framed them

  • Whether or not the location of the development is/would be acceptable, having regard to relevant planning policy and guidance on the location of such development
  • The effect of the development on the character and appearance of the site and surrounding area, with particular regard to the site's location within the Chilterns Area of Outstanding Natural Beauty (AONB)
  • Whether or not the development is/would be acceptable, having regard to relevant planning policy and guidance on energy efficiency, sustainability of design and carbon reduction
  • The effect of the development on highway safety, having regard to parking and access to the site

What decided it

The unsustainable location of the development and its harm to the character, appearance and scenic beauty of the Chilterns AONB, combined with harm to highway safety from inadequate visibility at the access, outweighed the limited weight attributable to the fallback permissions and other benefits.

The limited/minimal weight given to the extant P17 and P16 fallback permissions and other modest benefits did not outweigh the harm to the character and appearance of the site and the AONB, the unacceptable location, and the harm to highway safety from the inadequate access, so the development conflicted with the development plan and permission was refused.

What the Inspector cited

Development plan policies
Policy STRAT1Policy TRANS5Policy ENV1Policy DES1Policy DES2Policy DES7Policy DES8Policy DES10
National Planning Policy Framework
Paragraph 176
Judgments
Oates v SSCLG v Canterbury CC [2018] EWCA Civ 2229; Miller-Mead v Minister of Housing and Local Government [1963] 2 Q.B. 196; Koumis v Secretary of State for Communities and Local Government [2015] J.P.L. 682; R v Rochester-upon-Medway CC ex parte Hobday [1990] JPL 17; [1990] JPL 923; Sarodia v Redbridge LBC [2017] EWHC 2347; Salisbury District Council v SoS [1982] J.P.L. 702; Commercial Land Ltd/Imperial Resources SA v SoS TLGR [2003] J.P.L. 358 (Admin); [2003] JPL 358; Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities and Local Government [2009] EWCA Civ 333; R (Kverndal) v LB Hounslow [2015] EWHC 3084 (Admin); Gambone v Secretary of State for Communities and Local Government [2014] EWHC 952 (Admin); Mansell v. Tonbridge & Malling Borough Council [2017] EWCA Civ 1314

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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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.