Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Split Decision14 June 20233306729

Land at Curdle Hill Farm and Upper Court Farms, Chadlington, Chipping Norton, OX7 3NS

Planning appeal 3306729 at Land at Curdle Hill Farm and Upper Court Farms, Chadlington, Chipping Norton, OX7 3NS (West Oxfordshire District Council) was allowed in part (a split decision) on 14 June 2023 by Inspector Perrins R, following a hearing. The main issue, as the Inspector framed it: The effect of the development upon the character and appearance of the countryside location and the Cotswolds Area of Outstanding Natural Beauty (AONB).

an extension to existing parking area to formalise temporary parking and provision of new access arrangements. Form new storage compound and associated landscaping

Authority
West Oxfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
retail · Change of use
Inspector
Perrins R
Postcode
OX7 3PE

Main issues, as the Inspector framed them

  • The effect of the development upon the character and appearance of the countryside location and the Cotswolds Area of Outstanding Natural Beauty (AONB).

What decided it

The fallback position of an extant, unrestricted farm shop permission already attracting high visitor numbers meant the additional AONB harm from the mixed use was only moderate, and this was outweighed—on a temporary basis only—by the significant economic and farm diversification benefits, except in respect of the Lowland Barn restaurant use where the harm was not outweighed.

The moderate harm to the character and appearance of the AONB, reduced by the fallback of the extant farm shop permission, was outweighed on a temporary 36-month basis by the significant economic, employment and farm diversification benefits for the café/farm shop/car parking elements, but was not outweighed for a permanent permission or for the restaurant use in Lowland Barn, which was refused.

What the Inspector cited

Development plan policies
Policy OS2Policy EH1Policy EH2Policy BC1Policy E2
Judgments
Miller Mead v MHLG [1963] 1 A11 ER 459; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Keenan v Woking BC & SSCLG [2017] EWCA Civ 438; RSBS Developments Ltd v Secretary of State [2020] EWHC 3077 (Admin); Brooks and Burton Ltd v Secretary of State for the Environment [1977] 1 WLR 1294; Barnett v Secretary for Communities & Local Government [2009] EWCA Civ 476; Street v Mountford [1985] AC 809; Howells v Secretary of State for Communities & Local Government & Anor QBD Admin; Hammersmith LBC v Secretary of State for the Environment [1975] 30 P. & C.R. 19; Hawkey v Secretary of State for the Environment [1971] 22 P. & C.R. 610; Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

9 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in West Oxfordshire

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

  1. Notice varied and upheld18 September 20263358009
    Chalford Paddocks, Oxford Road, Old Chalford Chipping Norton, OX7 5QR
  2. Allowed9 September 20266007705
    Forge Garage, Church Road, Churchill, OX7 6NJ
  3. Quashed On Legal Grounds18 June 20263373228
    5 Thorpes Field, Alvescot, Bampton, Oxfordshire, OX18 2QF
  4. Dismissed9 June 20263376663
    Little Willow, Oxford Road, Eynsham, Witney, OX29 4BT
  5. Quashed On Legal Grounds9 June 20263370962
    Croftpool , Croftlane, Standlake, Oxfordshire, OX29 7QL

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.