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Planning appeal decision

Allowed6 October 20233319375

121 Pinnocks Way, Oxford, OX2 9DE

Planning appeal 3319375 at 121 Pinnocks Way, Oxford, OX2 9DE (Vale of White Horse District Council) was allowed on 6 October 2023 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawfulness was well founded.

described as: Lawful development certificate confirming that work undertaken on-site (in accordance with planning permission P17/V1698/FUL) was in accordance with the planning permission, and is therefore immune from enforcement action (along with the future completion of the approved development)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hocking P
Postcode
OX2 9DE

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawfulness was well founded

What decided it

The condition requiring vehicular access and visibility splay details was not a true conditions precedent because its physical requirements only applied prior to occupation, not prior to commencement, and therefore did not prevent lawful implementation of the permission.

What the Inspector cited

Development plan policies
Policy DC5 of the Vale of White Horse Local Plan 2011 Saved Policies

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

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More decisions in Vale of White Horse

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

  1. Notice upheld19 May 20263346220
    5 Picklers Hill, Abingdon, OX14 2BA
  2. Notice upheld20 February 20263355881
    Land at East Cottage , Stanford Road, Buckland, Oxfordshire, SN7 8QL
  3. Notice varied and upheld19 November 20253325399
    Blewbury Riding and Training Centre, Bessels Way, Blewbury, Oxfordshire, OX11 9NH
  4. Dismissed30 September 20253346774
    Land at Lincombe Lane, Boars Hill, Oxfordshire, OX1 5DZ
  5. Planning permission granted8 January 20253314399
    Land Known As Lakeview, Baulking Lane, Baulking, Oxfordshire, SN7 8NR

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.