®Planning appeal decision
Land Adjoining The Cottage, The Green, Fringford, OX27 8DY
the construction of 9 detached dwellings, formation of new vehicular and pedestrian access, associated landscaping, drainage and associated works
- Authority
- Cherwell District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Butcher H
Main issues, as the Inspector framed them
- The effect of the development on the living conditions and health of the current occupant of The Cottage, Fringford
- Whether the appeal site is a suitable location for the development having regard to planning policy, and the character and appearance of the surrounding area
What decided it
The unacceptable harmful effect on the living conditions and health of the current disabled occupant of The Cottage, combined with the absence of adequate or properly evidenced mitigation measures, and the availability of less harmful alternative outcomes, meant the proposal interfered with rights under Article 19 of the UN Convention on the Rights of Persons with Disabilities in a manner not justified in the wider public interest.
The significant harm to the living conditions and health of the disabled occupant of The Cottage, given the availability of less harmful alternatives, significantly and demonstrably outweighed the social and economic benefits of the modest nine-dwelling development and the Council's poor housing land supply position
Plan policies cited: Policy Villages 1, Policy BSC1, Policy ESD1, Policy ESD13, Policy ESD15, saved Policy H18, saved Policy C28, saved Policy C30, saved Policy C33, saved Policy ENV1
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.