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Planning appeal decision

Allowed22 October 20213276019

31 Glebelands , Headington, Oxford, OX3 7EN

erection of a two storey garden outbuilding from lower ground level to provide ancillary accommodation without complying with a condition attached to planning permission Ref 16/01322/FUL, dated 12 August 2016

Authority
Oxford City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hall R

Main issues, as the Inspector framed them

  • whether section 73 of the Act allows the development granted by the original permission without the disputed condition
  • whether section 73 of the Act allows the development granted by the original permission with a variation to the disputed condition to remove the restriction on installing cooking facilities, and the effect of doing so on the living conditions of neighbours

What decided it

The variation to remove the cooking facilities restriction would not create a discrepancy with the original description of development as ancillary accommodation, and would not unacceptably harm the living conditions of neighbouring occupants.

Plan policies cited: Policy CP1, Policy CP10, Policy HP10, Policy RE7

Judgments cited: Finney v Welsh Ministers and Others [2019] EWCA Civ 1868

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.