Cherwell District Council’s Decision to Refuse Planning Permission for Housing Development Overturned at Appeal

Mon, 02 Apr 2012

Ian Dove QC of No5 Chambers secured victory on Monday 26th March 2012 for his client, developer Baner Homes Ltd in an appeal against Cherwell District Council, which had previously refused to grant outline planning permission for residential development of 82 dwellings on land at Cotefield Farm, Bodicote, Oxfordshire.

The Appeal Inquiry, held on 28th and 29th February 2012, considered two main issues; was development outside of the built up area justified by the need for more housing in the area and suitability of the propsed site.
 
Mr Dove QC, who was instructed by David Crofts of RPS (now Origin 3), submitted a number of arguments in line with the figures set out in the South East Plan (SEP), which identified the need for 670 houses per year for the period 2006-2026. Mr Dove QC succeeded in submitting that planning permission should be granted as a result of Cherwell District Council’s failure to demonstrate an up-to-date 5-year supply of deliverable housing - in accordance with PPS3.
 
The Inspector agreed with the appellant’s evidence – the Council’s recently published Housing Land Supply Position Statement would be unlikely to lend to a timely resolution of the under-supply of housing land in the District.
 
The Council’s point that limited amenities in Bodicote would not provide for the full needs of residents was not accepted. The Inspector made reference to nearby bus routes and access to the larger town of Banbury. The proposal made provision for objections based on visual effects by including additional landscaping to provide a soft edge. Whilst it is accepted that views enjoyed by current residents will be altered, as a result of the need for development and on the basis of appropriate design, living conditions will not be unacceptable.
 
The effect of the appeal is the provision of affordable housing in the Bodicote area.
 
Appeal Ref: APP/C3105/A/11/2159619 was successfully made under section 78 of the Town and Country Planning Act 1990. 
 
Ian Dove QC is a member of the Planning Group at No5 Chambers. This set offers a national planning service and is home to “some of the finest barristers in the country”, according to Chambers UK 2011. Chambers explains that No5's domination of the Midlands’ circuit is founded upon “a specialist team that can act on any planning issue that comes its way” and Ian Dove QC is commended for being “outstanding” (Chambers UK).

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