Planning appeal decision
84 Gidley Way, Horspath, OXFORD, OX33 1TG
- Authority
- South Oxfordshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Freer P
Main issues, as the Inspector framed them
- Appeal A: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt; the effect on character and appearance of the area; whether harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations
- Appeal B: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt; the effect on character and appearance of the area; whether harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations
- Appeal C: whether the matters stated in the notice have occurred; whether the use has become lawful through the passage of time; the period for compliance
- Appeal D: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt; whether the development promotes energy efficiency and sustainable design; whether harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations
What decided it
For Appeals A, B and C: the development constitutes inappropriate development in the Green Belt causing substantial harm to openness and unacceptable harm to rural character, with no very special circumstances to justify it. For Appeal D: the re-use of an existing permanent and substantial building as an office preserves openness and can be made compliant with energy efficiency policies through conditions.
Appeals A and B: the substantial harm to the Green Belt by reason of inappropriateness and significant harm to character and appearance outweigh the limited weight given to the appellant's personal circumstances, such that very special circumstances do not exist. Appeal D: the limited harm to openness from re-use of an existing building is outweighed by the benefits of bringing the building back into use, subject to conditions.
Framework references: 153, 154, 155, 187
Plan policies cited: Policy DES1, Policy DES2, Policy DES7, Policy DES8
Judgments cited: Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19; Fitzpatrick v Secretary of State for the Environment and Epping Forrest DC [1990] 1 P.L.R. 8; Beg & Others v Luton Borough Council [2018] JPL 704; Britannia Assets (UK) Ltd v Secretary of State for Communities & Local Government and Medway Council [2011] EWHC 1908 (Admin)
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.
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