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Planning appeal decision

Dismissed27 August 20213270698

Annex at Bondeni Station Road, Kingham, Chipping Norton, OX7 6UH

Planning appeal 3270698 at Annex at Bondeni Station Road, Kingham, Chipping Norton, OX7 6UH (West Oxfordshire District Council) was dismissed on 27 August 2021 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the annex has been in continuous breach of the condition requiring it to remain in ancillary use to the main dwelling for a period of ten years or more.

a residential annex in use as a separate dwelling to Bondeni

Authority
West Oxfordshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hand S
Postcode
OX7 6UH

Main issues, as the Inspector framed them

  • Whether the annex has been in continuous breach of the condition requiring it to remain in ancillary use to the main dwelling for a period of ten years or more

What decided it

The long gaps in the rental record when the annex was vacant meant the Council could not have issued an enforcement notice during those periods, breaking the continuity of breach required for a certificate of lawful use.

What the Inspector cited

Judgments
Basingstoke and Deane BC v SSCLG & Stockdale [2009] EWHC 1012 (Admin); [2009] JPL 1585; Swale BC v FSS & Lee [2005] EWCA Civ 1568; [2006] JPL 886; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; [2002] JPL 1278

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 West Oxfordshire

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

  1. Notice varied and upheld18 September 20263358009
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  3. Dismissed9 June 20263376663
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  5. Notice upheld22 May 20263368176
    The Bell, Church Street, Charlbury, Chipping Norton, OX7 3PP

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.