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Planning appeal decision

Allowed22 October 20213276019

31 Glebelands , Headington, Oxford, OX3 7EN

Planning appeal 3276019 at 31 Glebelands , Headington, Oxford, OX3 7EN (Oxford City Council) was allowed on 22 October 2021 by Inspector Hall R, by written representations. The main issue, as the Inspector framed it: whether section 73 of the Act allows the development granted by the original permission without the disputed condition.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hall R
Postcode
OX3 7EN

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.

What the Inspector cited

Development plan policies
Policy CP1Policy CP10Policy HP10Policy RE7
Judgments
Finney v Welsh Ministers and Others [2019] EWCA Civ 1868

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 Oxford City Council

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

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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.