Location: Upper Oddington, Moreton-In-Marsh, Gloucestershire
Case Type: Change of use of an ancillary building to an independent dwellinghouse
Council: Cotswold District Council
Status: Appeal allowed & full costs award
BPA has secured planning permission on appeal, along with a full costs award.
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.