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Planning appeal decision

Dismissed12 September 20223288375

Little Willow Oxford Road, Eynsham, Witney, OX29 4BT

Planning appeal 3288375 at Little Willow Oxford Road, Eynsham, Witney, OX29 4BT (West Oxfordshire District Council) was dismissed on 12 September 2022 by Inspector Johnson W, by written representations. The main issue, as the Inspector framed it: Whether the condition can be removed/varied as requested, having regard to the Act and other material considerations, including the Finney Judgment.

Non-compliance with condition 3 of Planning Permission 10/0813/P/FP to allow no more than 3 caravans (of which no more than two shall be a static caravan or mobile home) to be stationed on the site at any one time without complying with a condition attached to planning permission Ref 13/0190/P/S73

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
caravan-gypsy · Other minor developments
Inspector
Johnson W
Postcode
OX29 4BT

Main issues, as the Inspector framed them

  • Whether the condition can be removed/varied as requested, having regard to the Act and other material considerations, including the Finney Judgment

What decided it

The removal or variation of condition 1 to increase the number of caravans from 3 to 6 would conflict with the operative part of the original planning permission (the description of the development), placing it beyond the powers available under section 73 of the Town and Country Planning Act 1990.

What the Inspector cited

Development plan policies
Policy BE2 of the West Oxfordshire Local Plan 2011
Judgments
John Leslie Finney v Welsh Ministers, Carmarthenshire County Council, Energiekontor (UK) Limited [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 West Oxfordshire

The authority’s record since 2016 · every decision in 2022

  1. Dismissed29 October 20266014990
    2 Viner Close, Witney, OX28 1EP
  2. Allowed13 October 20266004776
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  3. Notice varied and upheld18 September 20263358009
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  4. Allowed9 September 20266007705
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  5. Dismissed2 September 20266009103
    46 Market Square, Witney, OX28 6AL

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.