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Planning appeal decision

Dismissed19 April 20233272481

Land south of Widnell Lane, Arncott, Bicester, Oxfordshire, OX25 1AE

a material change of use of land to use as a residential caravan site for 12 gypsy/traveller families, each with 2 caravans, including improvement of access, laying of hardstanding and the installation of package sewage treatment plant

Authority
Cherwell District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Johnson W

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the appeal site and surrounding area
  • the effect of the proposal on biodiversity and protected species
  • the effect of the proposal with regard to flood risk, with particular regard to surface water drainage

What decided it

The unresolved harm to protected species (Great Crested Newts) and the failure to demonstrate an adequate surface water drainage/flood risk solution together outweighed the benefits of the scheme.

The very significant harm relating to protected species and flood risk/drainage significantly and demonstrably outweighed the benefits of much-needed gypsy/traveller pitch provision and moderate economic benefits.

Plan policies cited: Policy ESD13, Policy ESD15, Policy C8, Policy C28, Policy ESD10, Policy ESD6

Judgments cited: Smith vs Secretary of State for Levelling Up, Housing and Communities and Others [2021] EWHC 1650 (Admin) (31 October 2022)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.