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Dismissed11 March 20253321375

Unit 22 Beaumont Close, Banbury, Oxfordshire, OX16 1SH

Planning appeal 3321375 at Unit 22 Beaumont Close, Banbury, Oxfordshire, OX16 1SH (Cherwell District Council) was dismissed on 11 March 2025 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded, specifically whether the works undertaken (digging and infilling of foundations) constitute a material start to the development in accordance with section 56(2) of the Town and Country Planning Act 1990.

described as the implementation of planning permission 18/01366/F subsequent to 20/00046/DISC for the erection of 10 small commercial units (B2/B8) with associated car parking and landscaping

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Other minor developments
Inspector
Freer P
Postcode
OX16 1SH

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded, specifically whether the works undertaken (digging and infilling of foundations) constitute a material start to the development in accordance with section 56(2) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficient evidence to establish, on the balance of probability, that the foundations dug on site were genuinely required for and properly located in relation to the development approved by planning permission 18/01366/F, as required by section 56(4) of the Town and Country Planning Act 1990.

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