Council brings legal action after planning refusal overturned on appeal

January 7, 2016

A district council in Oxfordshire is to launch a legal challenge after its decision to refuse planning permission for 54 homes in a village was overturned on appeal.

Last month, the Secretary of State allowed an appeal by Gladman Homes for the erection of up to 54 residential dwellings, landscape and public open space at land at Sibford Road in Hook Norton.

The application had originally been refused permission by Cherwell District Council in September 2014.

Cllr Michael Gibbard, Cherwell's lead member for planning, said: "We have sought advice and believe that the decision to allow this appeal is legally flawed. The inspector has not properly understood or applied the Hook Norton Neighbourhood Plan which stipulates no more than 20 dwellings should be built in any one location at any time.

"Furthermore, Cherwell's Local Plan includes Hook Norton as one of 24 Category A villages, which are considered to be the most sustainable for development compared with Category B and C villages. In his decision, the Secretary of State appears to elevate Hook Norton above other Category A Villages; this is factually inaccurate as reference to Hook Norton's sustainability is in fact in comparison the Category B and C sites."

Cherwell said it would also argue the similarities between the case and an application for 95 homes in Kirtlington, which was refused at appeal due to the significant number of homes being concentrated in one village.

The local authority added that its Local Plan provided for a total of 750 homes to be built at Category A villages.

“A significant number of sites have already been identified across the district and it is important that there is a sustainable distribution of the remainder,” it said.

“  Council officers are concerned that the appeal decision does not adequately explain why a relatively larger share of the 750 dwellings is acceptable at Hook Norton compared to other villages listed in Policy Villages 2 of the Local Plan. This is particularly important in the context of other developments recently approved at Hook Norton including 70 homes in Bourne Lane which are under construction.”