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Planning appeal decision

Allowed29 July 20243338211

Land east of Warwick Road, Banbury, OX16 1HD

an outline application for up to 170 dwellings (Use Class C3) with associated open space and vehicular access off Warwick Road, Banbury. All matters reserved except for access

Authority
Cherwell District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Young D

Main issues, as the Inspector framed them

  • Whether the principle of development in the countryside is acceptable
  • The degree to which the proposed development would result in landscape and visual harm
  • Whether the proposed development would harm the setting of nearby heritage assets (Hanwell Conservation Area (HCA), St Peter's Church and Hanwell Castle)
  • Whether the proposed development would conflict with national policy regarding Best and Most Versatile agricultural (BMV) land

What decided it

The substantial benefits of housing delivery, particularly the provision of 170 dwellings including 68 affordable homes in an area with a severe housing land supply shortfall and unaffordability, outweighed the moderate landscape harm, limited BMV land harm and less than substantial heritage harm.

The substantial public benefits (170 dwellings, 40% affordable housing, public open space, biodiversity net gain and economic benefits) were found to outweigh the less than substantial harm to the Hanwell Conservation Area under the paragraph 208 test, and collectively to outweigh the moderate landscape harm, limited BMV land harm and heritage harm under both the tilted balance and a flat section 38(6) balance, tipping decisively in favour of granting permission.

Framework references: 7, 60, 67, 11, 180, 205, 208, 225

Plan policies cited: Policy PSD1, Policy BSC1, Policy C8, Policy H18, LP Policy ESD 13, Policy ESD17, LP Policy H8, Policy Villages 2, LP Policy BSC10, LP Policy BSC11

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.