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Planning appeal decision

Notice varied and upheld16 December 20223302328

Home Farm, Barnard Gate, Witney, Oxon, OX29 6XE

Planning appeal 3302328 at Home Farm, Barnard Gate, Witney, Oxon, OX29 6XE (West Oxfordshire District Council) was allowed in part (a split decision) on 16 December 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served (ground e).

Without planning permission the change of use of land from agriculture/horsiculture to a mixed use of agriculture/horsiculture and the storage and repair of vehicles and mobile homes, not ancillary to the agricultural/horsiculture use of the land

Authority
West Oxfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hanson S
Postcode
OX29 6XE

Main issues, as the Inspector framed them

  • Whether the enforcement notice was properly served (ground e)
  • Whether at the time the notice was issued it was too late to take enforcement action (ground d)
  • Whether the period specified in the notice for compliance is reasonable (ground g)

What decided it

The appellant failed to demonstrate that a material change of use to storage and repair of vehicles and mobile homes had occurred more than 10 years before the notice was issued, as aerial evidence showed a break in continuity when the site was substantially clear of such items around 2014-2015.

The decision letter

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More decisions in West Oxfordshire

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

  1. Notice varied and upheld18 September 20263358009
    Chalford Paddocks, Oxford Road, Old Chalford Chipping Norton, OX7 5QR
  2. Quashed On Legal Grounds18 June 20263373228
    5 Thorpes Field, Alvescot, Bampton, Oxfordshire, OX18 2QF
  3. Dismissed9 June 20263376663
    Little Willow, Oxford Road, Eynsham, Witney, OX29 4BT
  4. Quashed On Legal Grounds9 June 20263370962
    Croftpool , Croftlane, Standlake, Oxfordshire, OX29 7QL
  5. Notice upheld22 May 20263368176
    The Bell, Church Street, Charlbury, Chipping Norton, OX7 3PP

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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