NOTICE OF DECISION	
	TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

	
Name and Address of Agent/Applicant:

Mr And Mrs Robert Hooke
c/o Mr Simon James
4 Chapel Court
Wilkinson Place Witney
Oxon
OX28 6GG

	
Date Registered: 22nd May 2018

Proposal:	Erection of new detached dwelling with integral garage	
Location:	Streamways, 8 Rectory Close, Wendlebury, Bicester OX25 2PG 
	
Parish(es):	 Wendlebury		 	

REFUSAL OF PERMISSION FOR DEVELOPMENT 

The Cherwell District Council, as Local Planning Authority, hereby REFUSES to grant planning permission for the development described in the above-mentioned application, the accompanying plans and drawings and any clarifying or amending information. THE REASONS FOR REFUSAL ARE SET OUT IN THE ATTACHED SCHEDULE. 	

Cherwell District Council
Bodicote House
Bodicote
BANBURY
OX15 4AA		
Date of Decision: 17th July 2018	Jim Newton
Assistant Director for
Planning Policy and Development	
	Checked by:	NS	(Officer initials)	

REASONS FOR REFUSAL	

 1	The proposed dwelling, by virtue of its siting and scale, would constitute a cramped form of development that would fail to sympathetically integrate into the built environment, not relating well to the surrounding pattern of development and would detract from the traditional loose-knit character of the area. The proposal would therefore fail to represent acceptable infill development within the built up limits of Wendlebury. The proposal is therefore considered contrary to the provisions and aims of Policy ESD15 and Villages 1 of the Cherwell Local Plan 2011 - 2031 Part 1, Saved Policies C28 and C30 of the Cherwell Local Plan 1996 and Government guidance contained within the National Planning Policy Framework.

 2	The proposed development lies within Flood Zones 2 and 3 as identified by the Environment Agency and in the absence of a suitable Flood Risk Assessment has not been demonstrated that there are no reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. The proposal is therefore contrary to Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

STATEMENT OF ENGAGEMENT

In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), Cherwell Council has given consideration to whether amendments or additional information would overcome its concerns with the application, but unfortunately it has concluded that it would not be possible to resolve those concerns within the scope and timescales of this application. Cherwell Council has resolved that the application proposals do not amount to sustainable development and consent must accordingly be refused.

The case officer’s report and recommendation in respect of this application provides a detailed assessment of the merits of the application when considered against current planning policy and guidance, including consideration of the issues raised by the comments received from consultees and members of the public. This report is available to view online at: http://www.cherwell.gov.uk/viewplanningapp.

	NOTICE OF DECISION	
	TOWN AND COUNTRY PLANNING ACT 1990
(AS AMENDED)

	

NOTES TO THE APPLICANT

REFUSAL OF PERMISSION

The Local Planning Authority has refused consent for the reasons set out in the schedule forming part of this notice of refusal.  A further explanation of the reasons for the decision can be found in the planning officer’s report, which can be viewed in Public Access via the council’s web site.

If you wish to examine any of the development plans which set out the Local Planning Authority's policies and proposals for the development and use of land in its area, these are available for inspection on our website, or at the District Council offices, Bodicote House, Bodicote, during normal office hours.

APPEALS TO THE SECRETARY OF STATE
If you are aggrieved by the decision of the Local Planning Authority to refuse to  grant planning permission or grant planning permission subject to conditions, you can appeal to the Secretary of State in accordance with Section 78(1) of the Town and Country Planning Act 1990.
If you wish to appeal then;

•	For Householder applications you must do so within 12 weeks of the date of the decision  
•	For Minor Commercial applications you must do so within 12 weeks of the date of the decision
•	For all other types of planning applications you must do so within 6 Months of the date of the decision

Unless;

•	The decision on the application relates to the same or substantially the same land and the development is already the subject of an enforcement notice then you must appeal within 28 days of the date of the Local Planning Authority’s decision on the planning application. 
•	If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal the decision, then you must do so within 28 days of the service of the enforcement notice, or 6 months (12 weeks for householder and minor commercial) of the date of this decision whichever is the sooner

Forms can be obtained from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Tel 0303 444 5000. Or online at www.planningportal.gov.uk/pcs. The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to him that permission or approval for the proposed development could not have been so granted otherwise than subject to the conditions imposed by the Local Planning Authority, having regard to the statutory requirements, to the provisions of the development order and to any directions given under the order.
In practice, the Secretary of State does not refuse to consider appeals solely because the Local Planning Authority based its decision on a direction given by him.

PURCHASE NOTICES

If either the Local Planning Authority or the First Secretary of State refuses planning permission or approval for the development of land, the owner may claim that he/she can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

In these circumstances the owner may serve a purchase notice on the District Council.  This notice will require the Council to purchase his/her interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

COMPENSATION

In certain circumstances compensation may be claimed from the Local Planning Authority if permission is refused by the Secretary of State on appeal or on reference of the application to him.

These circumstances are set out in the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991.