BPA has secured planning permission on appeal, along with a full costs award, for the change of use of an ancillary building to an independent dwellinghouse in Upper Oddington, Moreton-in-Marsh.
Despite the advice of professional officers, the Council refused the application at planning committee due to the effect of the proposal on the character and appearance of the area.
BPA successfully argued that as the external appearance of the building would remain exactly the same as an extant planning permission, the reason for refusal could not be substantiated. The Inspector agreed and found the building to be of a high-quality design respecting the character and appearance of the locality. Accordingly, the Inspector found no conflict with the adopted Local Plan or Cotswold Design Code.
In addition to allowing the appeal, the Inspector held that the Council provided little evidence as to why it felt the development was considered to be of an inappropriate design. Consequently, the refusal of planning permission constituted unreasonable behaviour and the Council were ordered to pay the applicant’s full costs in the appeal proceedings.
If you have any queries on this decision or would like to discuss a similar proposal, please contact the Office on 01242 898368 or email@example.com
Planning – Planning Permission Granted on appeal
Outline planning permission secured on appeal by BPA for 30 houses on the edge of the idyllic Cotswolds town of Chipping Campden in the heart of the Cotswolds AONB.
With regard to impact on the AONB, the Inspector concluded that the proposal did not constitute ‘major development’ for the purposes of the Framework and that whilst there would be significant and localised change resulting in some harm to the overall character and appearance of the countryside, the proposals would conserve the natural beauty of the AONB.
In considering the benefits of the scheme, the Inspector noted that notwithstanding the Council’s ability to demonstrate a 5-year supply of housing land, against the background of a need to significantly boost the supply of housing the provision of 30 further dwellings carried significant weight. In addition, in the context of a cumulative shortfall in the supply of affordable housing in the District, he also attached considerable weight to the affordable housing to be delivered through the scheme. Further weight was given to the environmental benefits of the scheme, in improving accessibility along public rights of way and in providing a stronger and more appropriate boundary between the town and the open countryside beyond.
The appeal for 30 houses was thus allowed, subject to a condition requiring the detailed site layout to broadly comply with that submitted with the outline application.
Cotswold District Council: 16/01256/OUT
Appeal Ref: APP/F1610/W/16/3165805
Hearing Date: 11th July 2017
Decision Date: 2nd November 2017
If you have had planning declined and looking for planning appeal guidance contact us today to find out if we can help.
Planning – Cheltenham Planning Permission Granted on appeal
Case Type: Widening of existing vehicular access
Consent secured at appeal for widening of existing vehicular access and reinstatement of railings to the front of a pair of listed Regency villas in The Park area of Cheltenham
If you been turned down for planning or wish to discuss your planning requirements, contact us today.
Planning – Planning Appeal
Case Type: 30 New dwellings at Chipping Campden
Brodie Planning Associates secure outline permission for 30 new dwellings at appeal in the Cotswold market town of Chipping Campden.
See our track record of planning appeal success rates, or talk to us today if you would like to discuss your planning requirements further.