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Allowed12 December 20233325113

Land to the Rear of no.12 and South of Dismantled Railway, Heath Close, Milcombe, OX15 4RZ

Planning appeal 3325113 at Land to the Rear of no.12 and South of Dismantled Railway, Heath Close, Milcombe, OX15 4RZ (Cherwell District Council) was allowed on 12 December 2023 by Inspector Ford K, following a hearing. The main issue, as the Inspector framed it: Whether the scale and location of the proposal would be appropriate for residential development having regard to the spatial strategy in the development plan.

Erection of 35 2 storey dwelling houses, construction of access off Rye Hill together with garaging, parking, open space with LAP, landscaping and all enabling works

Authority
Cherwell District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Ford K
Postcode
OX15 4RZ

Main issues, as the Inspector framed them

  • Whether the scale and location of the proposal would be appropriate for residential development having regard to the spatial strategy in the development plan.
  • The effect on the character and appearance of the area.
  • Whether a deliverable 5 year housing land supply exists.

What decided it

The Council's inability to demonstrate a five-year housing land supply, which engaged the tilted balance under paragraph 11d of the NPPF in favour of the development.

The limited harm to the spatial strategy and moderate harm to character and appearance did not significantly and demonstrably outweigh the benefits of housing and affordable housing delivery, economic benefits and biodiversity net gain, so the presumption in favour of development applied and the appeal was allowed.

What the Inspector cited

Development plan policies
Saved Policy H18Policy BSC1Policy Villages 1Policy Villages 2Policy BSC2Policy BSC3Policy BSC10Policy BSC11Policy BSC12Policy PR1Policy PR3
National Planning Policy Framework
Paragraph 74Paragraph 11dParagraph 56

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 Cherwell District Council

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

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  5. Dismissed1 October 20253367723
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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.