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Planning appeal decision

Notice varied and upheld4 February 20223271189

Toll Lodge Farm, London Road, Tetsworth, Oxfordshire, OX9 7AZ

Planning appeal 3271189 at Toll Lodge Farm, London Road, Tetsworth, Oxfordshire, OX9 7AZ (South Oxfordshire District Council) was allowed in part (a split decision) on 4 February 2022 by Inspector Russell J, by written representations. The main issue, as the Inspector framed it: Whether the appeal site, being within open countryside, is a suitable location for the alleged mixed use.

without planning permission, the material change of use of the Land from paddock land to a mixed use of paddock land and storage of building materials and machinery including creation of hard surfacing and earth bunds. The area in which the alleged breach of planning control is considered to be taking place is shown edged and hatched in blue on the Plan [attached to the notice]

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Russell J
Postcode
OX9 7AZ

Main issues, as the Inspector framed them

  • Whether the appeal site, being within open countryside, is a suitable location for the alleged mixed use
  • The effect of the alleged mixed use and the additional hardstanding and bunds on the character and appearance of the surrounding rural area
  • The effect of the use and works on protected species
  • Whether the use and works are liable to cause unacceptable ground contamination
  • Whether the use and works ought to be considered as intentional unauthorised development

What decided it

The storage use causes unacceptable harm to the character and appearance of the surrounding rural area which cannot be justified by the fallback position of the 2014 permission for equestrian use, and there is insufficient evidence to demonstrate that impacts on protected species can be adequately mitigated.

What the Inspector cited

Development plan policies
SOLP Policy STRAT1SOLP Policy EMP10SOLP Policy ENV1SOLP Policy DES1SOLP Policy DES2SOLP Policy ENV3SOLP Policy ENV2SOLP Policy ENV12TNP Policy TET1TNP Policy TET3TNP Policy TET8
National Planning Policy Framework
Paragraph 84Paragraph 85

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 South Oxfordshire

The authority’s record since 2016 · every decision in 2022

  1. Planning permission granted18 September 20263374155
    Land at Town Farm Cottage, Brook Street, Kingston Blount, OX39 4RZ
  2. Notice upheld11 August 20263358283
    Land at Toll Lodge Farm, London Road, Tetsworth, Oxon, OX9 7AZ
  3. Notice upheld7 August 20263346078
    5 Bank Cottages, Main Street, Forest Hill, OX33 1EA
  4. Planning permission granted23 July 20263285146
    84 Gidley Way, Horspath, Oxford, OX33 1TG
  5. Notice upheld23 July 20263285145
    84 Gidley Way, Horspath, Oxford, OX33 1TG

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.