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Planning appeal decision

Notice varied and upheld23 November 20233306113

Land to the Rear of the Post Office,, Merton Road, Adjoining 2 Chapel Drive, Ambrosden, Bicester, Oxfordshire, OX25 2RS

Planning appeal 3306113 at Land to the Rear of the Post Office,, Merton Road, Adjoining 2 Chapel Drive, Ambrosden, Bicester, Oxfordshire, OX25 2RS (Cherwell District Council) was allowed in part (a split decision) on 23 November 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether, on the date the enforcement notice was issued, it was too late for the Council to take enforcement action in respect of breach of Condition 8 requiring car parking and turning provision to be retained unobstructed.

failure to comply with a condition imposed on planning permission ref 01/00694/OUT granted on 30 August 2001

Authority
Cherwell District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Not Applicable
Inspector
Jones R
Postcode
OX25 2RS

Main issues, as the Inspector framed them

  • Whether, on the date the enforcement notice was issued, it was too late for the Council to take enforcement action in respect of breach of Condition 8 requiring car parking and turning provision to be retained unobstructed

What decided it

The photographic evidence, particularly aerial photographs from 2004, 2009, 2017 and 2018, demonstrated that Land A was not materially obstructed until 2020 when the appellant installed fencing and play equipment, which falls within the enforcement period and is therefore not immune from action.

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More decisions in Cherwell District Council

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

  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. Allowed26 January 20263374499
    2 Church View, Banbury, Oxon, OX16 9ND

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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