Oaksey Park Golf and Leisure, Oaksey Park , Oaksey, Malmesbury Wiltshire, SN16 9SB

Planning appeal 3317020 at Oaksey Park Golf and Leisure, Oaksey Park , Oaksey, Malmesbury Wiltshire, SN16 9SB (Wiltshire Council) was dismissed on 11 April 2024 by Inspector Heywood S, following a hearing. The main issue, as the Inspector framed it: Whether or not Conditions 9, 11 and 12 can be removed and replaced with the suggested condition restricting occupancy to over 55s, having regard to the Town and Country Planning Act 1990 and other material considerations, including the Finney judgement.

the erection of 12no. two and three bed holiday lodges and covered parking / bin storage and associated access without complying with conditions attached to planning permission Ref N/10/01773/S73, dated 30 July 2010

Authority: Wiltshire Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Heywood S
Postcode: SN16 9SB

Main issues, as the Inspector framed them

Whether or not Conditions 9, 11 and 12 can be removed and replaced with the suggested condition restricting occupancy to over 55s, having regard to the Town and Country Planning Act 1990 and other material considerations, including the Finney judgement

What decided it

The proposed change would alter the operative description of development from holiday lodges to housing for over-55s, which is beyond what can lawfully be achieved under section 73 following the Finney judgment.

What the Inspector cited

Judgments: John Leslie Finney v Welsh Ministers, Carmarthenshire County Council, Energiekontor (UK) Limited [2019] EWCA Civ 1868

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.

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The decision letter

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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.