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Split Decision13 August 20253360309

Land at Field Adjacent to Hebborns Yard, Bicester Road, Kidlington, OX5 2PX

Planning appeal 3360309 at Land at Field Adjacent to Hebborns Yard, Bicester Road, Kidlington, OX5 2PX (Cherwell District Council) was allowed in part (a split decision) on 13 August 2025 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: Whether the development is inappropriate in the Green Belt.

Without planning permission, the material change of use of the land from use for agriculture to a mixed use comprising the siting of a caravan(s) for residential use and the storage of showground apparatus/rides, machinery, vehicles, trailers and equipment and associated operational development to form hardstanding

Authority
Cherwell District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Madge M
Postcode
OX5 2PX

Main issues, as the Inspector framed them

  • Whether the development is inappropriate in the Green Belt
  • If it is inappropriate in the Green Belt, its effect on openness
  • Whether the development undermines the Green Belt purpose of safeguarding the countryside from encroachment
  • The effect of the development on the character and appearance of the countryside
  • The effect of the development in terms of flood risk
  • Whether the development is intentional unauthorised development
  • Whether harm by reason of inappropriateness, and any other harm, would be outweighed by other considerations so as to amount to the necessary very special circumstances required to justify inappropriate development in the Green Belt

What decided it

The finding that the reduced area of land constituted 'grey belt' land meeting all the criteria in paragraph 155 of the Framework, so that its development was not inappropriate in the Green Belt.

The harm from developing all of the land (inappropriate Green Belt development, attracting substantial weight) clearly outweighed the supporting factors, but for the reduced area the moderate weight given to the unmet need for Travelling Showpeople sites and the significant weight given to the paragraph 11(d) tilted balance outweighed the limited, condition-controllable visual harm and negligible weight against intentional unauthorised development, so permission was granted for the reduced area only.

What the Inspector cited

Development plan policies
Policy ESD14Policy ESD6Policy BSC6Policy ESD13Policy ESD15Policy ENV1
National Planning Policy Framework
Paragraph 11Paragraph 110Paragraph 115Paragraph 143Paragraph 153Paragraph 154Paragraph 155Paragraph 156Paragraph 157
Judgments
Burdle v SSE [1972] 1 WLR 1207

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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More decisions in Cherwell District Council

The authority’s record since 2016 · every decision in 2025

  1. Allowed27 October 20266013633
    Brook Court, Fencott, OX5 2RD
  2. Allowed27 October 20266013632
    Brook Court, Fencott, OX5 2RD
  3. Notice varied and upheld28 September 20263369931
    Point to Point Farm, Street From Claydon to Southam Road, Mollington Banbury, Oxfordshire, OX17 1QE
  4. Notice varied and upheld28 September 20263369925
    Point to Point Farm, Street From Claydon to Southam Road, Mollington Banbury, Oxfordshire, OX17 1QE
  5. Dismissed18 September 20266011095
    Land 7608 Adjacent to Crowcastle Lane, North of Kirtlington Allotments, Kirtlington, ox53hp

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.