®Planning appeal decision
Fairview Cottage Main Road, Swalcliffe, BANBURY, OX15 5HB
Without planning permission, the construction of a timber outbuilding and associated engineering operations, including the raising of land levels and the construction of a retaining wall
- Authority
- Cherwell District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- Whether the engineering operations (raising of land levels and construction of a retaining wall) constitute development requiring planning permission
- Whether the engineering operations are immune from enforcement action under the four-year rule
- The effect of the timber outbuilding on the living conditions of occupiers of Gulliver's Cottage in terms of outlook
- Whether the requirements of the enforcement notice are excessive
What decided it
The timber outbuilding creates a significant, dominant and adverse effect on outlook from window GF-3 at Gulliver's Cottage, a bedroom with no other window, contrary to policy ESD 15 and NPPF paragraph 12, and no conditions could mitigate this harm.
Framework references: 12
Plan policies cited: Policy ESD 15 of the Cherwell Local Plan 2011 – 2031 Part 1
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.