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Allowed28 March 20243331279

Land South of Burford Road, Minster Lovell, Oxfordshire, OX29 0BB

Planning appeal 3331279 at Land South of Burford Road, Minster Lovell, Oxfordshire, OX29 0BB (West Oxfordshire District Council) was allowed on 28 March 2024 by Inspector Ward K, following an inquiry. The main issue, as the Inspector framed it: Whether the Council can demonstrate a five year supply of housing land.

the development of up to 134 dwellings (Use Class C3) including means of access into the site (not internal roads) and associated highway works, with all other matters (relating to appearance, landscaping, scale and layout) reserved

Appeal type
other · Planning Appeal
Procedure
Inquiry
Development
residential · Unknown
Inspector
Ward K

Main issues, as the Inspector framed them

  • Whether the Council can demonstrate a five year supply of housing land
  • The effect of the proposed development on the character and appearance of the area
  • Whether the scale and location of the proposed development is appropriate in principle in terms of the policy approach to housing development in Minster Lovell and accessibility to services and facilities
  • The effect of the proposed development on flood risk and drainage
  • Whether the proposed development would make adequate provision towards local infrastructure requirements, affordable and self-build housing needs and biodiversity net gain
  • Whether the policies which are most important for determining the application are out of date due to a lack of a five year supply of housing land or any other reason and if so, would any adverse impacts of the proposed development significantly and demonstrably outweigh the benefits

What decided it

The Council's inability to demonstrate a five year housing land supply engaged the tilted balance under NPPF paragraph 11(d)ii, and the substantial housing benefits were found to outweigh the limited landscape harm and development plan conflict.

The limited, localised landscape harm and conflict with the development plan as a whole did not significantly and demonstrably outweigh the substantial benefits of housing delivery (including affordable and self-build housing) and moderate sustainability/economic benefits, so the presumption in favour of sustainable development applied and permission was granted.

What the Inspector cited

Development plan policies
Policy OS2Policy OS4Policy EH2Policy H1Policy H2Policy H3Policy H5Policy T1Policy T3Policy OS5Policy EH3Policy EH4Policy EH5Policy CA1Policy EW2Policy EW4Policy EW5
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 180

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

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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.