®Planning appeal decision
2 church view, Banbury, Oxon, OX16 9ND
- Authority
- Cherwell District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Brennan P
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.
Framework references: 55
Plan policies cited: Policy ENV1 of the Cherwell Local Plan 1996, Policy C28 of the Cherwell Local Plan 1996, Policy C30 of the Cherwell Local Plan 1996, Policy ESD15 of the Cherwell Local Plan 2011-2031
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.