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Planning appeal decision

Notice varied and upheld25 September 20233312175

Land to the North of Brookside Court, Cuddesdon Road, Horspath, Oxford, OX33 1JB

Planning appeal 3312175 at Land to the North of Brookside Court, Cuddesdon Road, Horspath, Oxford, OX33 1JB (South Oxfordshire District Council) was allowed in part (a split decision) on 25 September 2023 by Inspector Allen M, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice are excessive and whether lesser steps would overcome the objections (ground f).

Without planning permission the material change of use of land shown outlined red on the Plan from agricultural to a mixed use comprising agriculture and non-agricultural storage, parking and outdoor amenity uses including outdoor seating

Authority
South Oxfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Allen M
Postcode
OX33 1JB

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice are excessive and whether lesser steps would overcome the objections (ground f)
  • Whether the period for compliance with the requirements of the enforcement notice falls short of what is reasonable (ground g)

What decided it

The purpose of the enforcement notice is to remedy the breach of planning control by restoring the land to its condition before the breach occurred, which requires removal of all unauthorised elements including underground infrastructure; however, the compliance periods were unreasonable given the time needed to relocate the business and obtain planning permission for relocated equipment.

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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
    Land at Town Farm Cottage, Brook Street, Kingston Blount, OX39 4RZ
  2. Notice upheld11 August 20263358283
    Land at Toll Lodge Farm, London Road, Tetsworth, Oxon, OX9 7AZ
  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.

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