Planning appeal decision
Land East of Warwick Road, Banbury, OX16 1HD
Planning appeal 3338211 at Land East of Warwick Road, Banbury, OX16 1HD (Cherwell District Council) was allowed on 29 July 2024 by Inspector Young D, following an inquiry. The main issue, as the Inspector framed it: Whether the principle of development in the countryside is acceptable.
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
- Postcode
- OX16 1HD
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.
What the Inspector cited
- Development plan policies
- Policy PSD1Policy BSC1Policy C8Policy H18LP Policy ESD 13Policy ESD17LP Policy H8Policy Villages 2LP Policy BSC10LP Policy BSC11
- National Planning Policy Framework
- Paragraph 7Paragraph 60Paragraph 67Paragraph 11Paragraph 180Paragraph 205Paragraph 208Paragraph 225
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 appliedThe 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.
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