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Planning appeal decision

Allowed20 October 20223287556

Pakefield House - Fortescue House , St. Johns Street, BICESTER, OX26 6SL

redevelopment of the site to form 38 no. retirement living apartments and including communal facilities, access, car parking and landscaping

Authority
Cherwell District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Cooper W

Main issues, as the Inspector framed them

  • Whether the proposed development would be appropriately located and designed in respect of flood risk
  • Whether the proposed development would adequately provide for biodiversity, with particular regard to river corridor habitat
  • The effect of the proposal on highway safety, with particular regard to the proposed access

What decided it

The tilted balance under paragraph 11 of the Framework was engaged due to the housing land supply shortfall, and the limited flood risk harm did not significantly and demonstrably outweigh the substantial benefits of the scheme.

The substantial combination of housing, socio-economic, sustainability and biodiversity benefits outweighed the limited flood risk harm from a small part of the development lying within Flood Zone 3b, so the presumption in favour of sustainable development tipped the balance in favour of granting permission despite conflict with the development plan.

Framework references: 11, 110, 164, 167

Plan policies cited: Policy ESD 6, Policy ESD 10, Policy ESD 15

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.