Land at Bayswater Farm, Bayswater Farm Road, Oxford, OX3 8EB

Main issues, as the Inspector framed them

• the effect of the proposed development on the character and appearance of the area, with particular regard to landscape, the rural edge location and quantum of proposed development
• the effect of the proposal on ecology, with particular regard to Barbastelle bats
• whether or not the proposed development would provide satisfactory living conditions for future occupiers, with particular regard to internal living conditions
• the principle of obtaining access over unregistered land
• the effect of the proposal on highway safety and the free-flow of traffic in the Sandhills Estate
• whether or not the proposed development would be likely to increase the likelihood of flooding in the area, with regard to surface water run-off
• whether or not adequate arrangements are made for the disposal of foul and surface water from the site
• the overall planning balance

What decided it

For Scheme A, the unacceptable living conditions for future occupiers caused by bat-mitigation measures (tinted glazing and permanently closed automated blinds) outweighed the scheme's benefits even under the tilted balance; for Scheme B, the absence of any such harm and overall compliance with the Development Plan secured approval.

For Scheme A, the sub-standard living conditions caused by the bat mitigation measures significantly and demonstrably outweighed the substantial benefits of market and affordable housing and the care home, resulting in dismissal; for Scheme B, the substantial benefits and absence of significant harm meant the proposal complied with the Development Plan as a whole and the balance favoured approval.