®Planning appeal decision
Land North Of A4095, North Leigh , Oxfordshire , OX29 6SL
the erection of a single storey dwelling with attached kennel, office and kitchen building along with construction of a kennel block all to be used in association with the existing dog training facility
- Authority
- West Oxfordshire District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Blackwell J
Main issues, as the Inspector framed them
- Appeal A: whether a material change of the appeal site has occurred and if so, whether that use had subsisted continuously for a period of 10 years prior to the date of application
- Appeal B: whether the location of the development would be acceptable, with particular regard to business need
- Appeal B: the effect of the development on the adjacent Public Right of Way
- Appeal B: the effect of the development on the character and appearance of the area
What decided it
The appellant's demonstrated essential business need to live and operate on site (to meet DEFRA dog breeding licensing standards) combined with the absence of any identified harm to the PROW or to character and appearance.
no harm was identified against any of the main issues (location/business need, PROW, character and appearance), so the policy tests were satisfied and the appeal was allowed without any conflicting harms needing to be weighed against the benefits
Plan policies cited: Policy OS2, Policy H2, Policy E2, Policy WIT6, Policy EH4, Policy T9
Judgments cited: Gabbitas v SSE & Newham BC [1985] JPL 630; Sykes v Secretary of State for the Environment [1984] JPL
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.