5 The Row, Brightwell Baldwin, Watlington, Oxfordshire, OX49 5NZ

Planning appeal 3352165 at 5 The Row, Brightwell Baldwin, Watlington, Oxfordshire, OX49 5NZ (South Oxfordshire District Council) was dismissed on 19 February 2025 by Inspector Somers J, by written representations. The main issue, as the Inspector framed it: Is the pre-commencement Condition No.4 procedurally correct, considering whether it has been undertaken in accordance with the provisions of Section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre-Commencement Conditions) Regulations 2018.

All weather riding arena (as amplified by Ecological Assessment Received 7 May 2024)

Authority: South Oxfordshire District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: leisure-sport · Other minor developments
Inspector: Somers J
Postcode: OX49 5NZ

Main issues, as the Inspector framed them

Is the pre-commencement Condition No.4 procedurally correct, considering whether it has been undertaken in accordance with the provisions of Section 100ZA of the Town and Country Planning Act 1990 and the Town and Country Planning (Pre-Commencement Conditions) Regulations 2018
If yes, then does Condition No.4 meet the tests of conditions as prescribed by the Framework and the NPPG

What decided it

The condition was necessary to secure compliance with adopted Policy ENV3 requiring biodiversity net gain, and met all statutory tests for conditions, therefore the appeal against the condition was dismissed.

What the Inspector cited

Development plan policies: Policy ENV3 of the South Oxfordshire Local Plan 2035
National Planning Policy Framework: Paragraph 57

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.

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The decision letter

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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.