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Notice varied and upheld27 September 20223297872

Land at 107 Middleton Road, Banbury, OX16 3QS

Planning appeal 3297872 at Land at 107 Middleton Road, Banbury, OX16 3QS (Cherwell District Council) was allowed in part (a split decision) on 27 September 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990.

Without planning permission, the creation of 7 No. Self-Contained units of residential accommodation (6 No. Studio Flats and 1 No. one bedroom flat)

Authority
Cherwell District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hanson S
Postcode
OX16 3QS

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990
  • Whether at the time the notice was issued, it was too late to take enforcement action in respect of the alleged breach of planning control under the four year rule

What decided it

The 7 flats were not occupied and did not provide viable facilities for living by 29 March 2018, so the four-year enforcement period had not expired when the notice was issued on 29 March 2022.

The decision letter

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More decisions in Cherwell District Council

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

  1. Notice varied and upheld28 September 20263369931
    Point to Point Farm, Street From Claydon to Southam Road, Mollington Banbury, Oxfordshire, OX17 1QE
  2. Notice varied and upheld28 September 20263369925
    Point to Point Farm, Street From Claydon to Southam Road, Mollington Banbury, Oxfordshire, OX17 1QE
  3. Dismissed18 September 20266011095
    Land 7608 Adjacent to Crowcastle Lane, North of Kirtlington Allotments, Kirtlington, ox53hp
  4. Notice upheld18 August 20263365518
    Heathfield Yard, Street Through Heathfield Village, Heathfield, Oxfordshire, OX5 3DX
  5. Dismissed10 November 20253367838
    The Barn at Point To Point Farm, Mollington, Banbury, OX17 1QE

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.

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