Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed13 April 20266003406

56-58 Broad Street, Banbury, OX16 5BL

Alterations to ground floor retail areas and conversion of first floor and erection of a new second floor to form 6 self-contained flats. Conversion of rear cottage to form a ground floor office and a maisonette on first and second floors. Part - retrospective” without complying with conditions attached to planning permission Ref 23/00199/F, dated 8 October 2024

Authority
Cherwell District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Bromley N

Main issues, as the Inspector framed them

  • the effect that the variation of Condition 2 and the removal of Condition 12 would have on the living conditions of the future occupants of the six self-contained flats and maisonette, with regard to odour

What decided it

The unacceptable harm to the living conditions of future occupants from odour caused by the pizza outlet extraction flue, which would significantly and demonstrably outweigh the housing and regeneration benefits of the development.

the significant harm to living conditions of future occupiers from odour significantly and demonstrably outweighed the considerable positive benefits of mixed residential and commercial development in an accessible town centre location and the housing land supply shortfall, such that the presumption in favour of sustainable development did not apply

Framework references: 11

Plan policies cited: Policy ESD15 of the Cherwell Local Plan 2011-2031, saved Policy ENV1 of the Cherwell Local Plan 1996

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.