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Notice varied and upheld15 March 20233289658

Primrose View, Chapel Lane, Roke, Oxfordshire, OX10 6JD

Planning appeal 3289658 at Primrose View, Chapel Lane, Roke, Oxfordshire, OX10 6JD (South Oxfordshire District Council) was allowed in part (a split decision) on 15 March 2023 by Inspector Hartley D, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area, including landscape character and the setting of listed buildings.

change of use of land to use as a residential caravan site for the gypsy family including stationing of two caravans, laying of hardstanding, erection of stables and dog kennels and retrospective timber fencing and entrance gates and piers

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Other minor developments
Inspector
Hartley D
Postcode
OX10 6JD

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area, including landscape character and the setting of listed buildings
  • whether the development has adverse flood risks
  • whether the land is contaminated and, if so, its effect on the occupiers of the site
  • whether intentional unauthorised development has taken place
  • whether there is a need for the development and the personal circumstances of the occupants of the site

What decided it

The unacceptable and unresolved flood risk to occupiers and the potential for increased flood risk off-site, to which very significant weight was attached, outweighed the benefits of the shortfall in Gypsy and Traveller pitch provision and the personal circumstances of the family.

The significant weight in favour of allowing the appeals arising from the lack of a 5-year supply of deliverable Gypsy and Traveller pitches, together with the personal circumstances of the appellant/family and the best interests of the children, did not individually or cumulatively outweigh the moderate harm to character and appearance, the moderate weight against intentional unauthorised development, and the very significant weight attached to flood risk, so the appeals were dismissed and planning permission refused.

What the Inspector cited

Development plan policies
DES 1DES 2ENV1H14ENV7EP4ENV11ENV12BER1BER10
National Planning Policy Framework
Paragraph 174Paragraph 159Paragraph 167Paragraph 183
Judgments
Smith v SSLUHC & Ors (2022) EWCA

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.

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The decision letter

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More decisions in South Oxfordshire

The authority’s record since 2016 · every decision in 2023

  1. Planning permission granted18 September 20263374155
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  2. Notice upheld11 August 20263358283
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  3. Notice upheld7 August 20263346078
    5 Bank Cottages, Main Street, Forest Hill, OX33 1EA
  4. Planning permission granted23 July 20263285146
    84 Gidley Way, Horspath, Oxford, OX33 1TG
  5. Notice upheld23 July 20263285145
    84 Gidley Way, Horspath, Oxford, OX33 1TG

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.