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Planning appeal decision

Notice varied and upheld31 December 20243320617

Overview Stables, Sandy Lane, Horspath, OX33 1TF

Planning appeal 3320617 at Overview Stables, Sandy Lane, Horspath, OX33 1TF (South Oxfordshire District Council) was allowed in part (a split decision) on 31 December 2024 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach (ground d).

Without planning permission, the change of use of land from equestrian to residential use involving the construction of a dwellinghouse, associated incidental buildings and facilitating development such as the erection of timber fencing to create a garden area and the laying of a flagstone path in the area of Land hatched blue on the plan

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Douglas L
Postcode
OX33 1TF

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
  • Whether twelve months is a reasonable period for compliance with the notice (ground g)

What decided it

The operational development (erection of the dwellinghouse) was exempt from enforcement action under section 171B(1) as it was substantially complete more than four years before the notice was issued and the appellants did not positively deceive the Council, but the material change of use of the land itself remained enforceable within the ten-year period.

The decision letter

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More decisions in South Oxfordshire

The authority’s record since 2016 · every decision in 2024

  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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