®Planning appeal decision
2 Church View, Banbury, Oxon, OX16 9ND
Planning appeal 3374499 at 2 Church View, Banbury, Oxon, OX16 9ND (Cherwell District Council) was allowed on 26 January 2026 by Inspector Brennan P, by written representations. The main issue, as the Inspector framed it: Whether condition 4 relating to the requirement for acoustic insulation to habitable rooms within the new dwelling is reasonable and necessary having regard to the living conditions of future occupiers.
Conversion of the existing dwelling to form two dwellings
- Authority
- Cherwell District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Brennan P
- Postcode
- OX16 9ND
Main issues, as the Inspector framed them
- Whether condition 4 relating to the requirement for acoustic insulation to habitable rooms within the new dwelling is reasonable and necessary having regard to the living conditions of future occupiers
- The effect that removing condition 5 for details and provision of cycle parking and storage areas would have on encouraging the use of sustainable modes of transport and the provision of adequate cycle parking
- The effect that removing condition 6 relating to the removal of permitted development rights for a range of extensions and garden structures for the new dwelling would have on the living conditions of neighbouring occupiers and the character and appearance of the area
What decided it
The Inspector applied NPPF paragraph 55's requirement for clear justification to remove permitted development rights, finding that only restrictions on extensions and outbuildings (Classes A and E) were justified by the site's topography and proximity to neighbours.
What the Inspector cited
- Development plan policies
- Policy ENV1 of the Cherwell Local Plan 1996Policy C28 of the Cherwell Local Plan 1996Policy C30 of the Cherwell Local Plan 1996Policy ESD15 of the Cherwell Local Plan 2011-2031
- National Planning Policy Framework
- Paragraph 55
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.