®Planning appeal decision
Land North Of A4095, North Leigh , Oxfordshire , OX29 6SL
Planning appeal 3318974 at Land North Of A4095, North Leigh , Oxfordshire , OX29 6SL (West Oxfordshire District Council) was allowed on 26 June 2024 by Inspector Blackwell J, following a hearing. The main issue, as the Inspector framed it: 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.
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
- Postcode
- OX29 6SL
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
What the Inspector cited
- Development plan policies
- Policy OS2Policy H2Policy E2Policy WIT6Policy EH4Policy T9
- Judgments
- Gabbitas v SSE & Newham BC [1985] JPL 630; Sykes v Secretary of State for the Environment [1984] JPL
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 appliedThe decision letter
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With an account
What an account adds to this decision
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- Dismissed5 May 20266002714Land at Main Road, Alvescot, West Oxfordshire, OX18 2PU
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.