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

	
Name and Address of Agent/Applicant:

Mr M Morrison Morrison Property Consultants Limited
c/o Framptons
Mr Peter Frampton
Oriel House 
42 North Bar 
Banbury
OX16 0TH

	
Date Registered: 28th June 2018

Proposal:	Change of use from B1(a) offices to provide 25no residential apartments with ancillary parking, bin storage and amenity area (resubmission of 17/02167/F)	
Location:	The Old Malthouse, St Johns Road, Banbury
	
Parish(es):	 Banbury		 	

REFUSAL OF PERMISSION FOR DEVELOPMENT 

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: 21st September 2018	Jim Newton
Assistant Director for
Planning Policy and Development	
	Checked by:	NS	(Officer initials)	

REASONS FOR REFUSAL	

 1	The applicant has failed to demonstrate through a robust marketing exercise that the site is no longer viable to be retained for its existing employment use. The proposed development would therefore lead to the unjustified loss of employment land in a sustainable location and result in economic harm contrary to Policy SLE1 of the Cherwell Local Plan 2011-2031 Part 1 and government guidance in the National Planning Policy Framework.

 2	The proposed development would result in less than substantial harm to the significance of the listed building and conservation area through alterations to the roof to provide the residential accommodation, subdivision of the internal space and also through the number and extent of roof lights proposed on the building.  This harm is not supported by clear and convincing justification and it is not considered, based on the evidence provided, that residential use of the building is the optimum viable use of the building. The social and economic benefits arising from the scheme would not outweigh this harm.  The proposal is therefore contrary to Government guidance contained within the National Planning Policy Framework, Policy ESD 15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C18 of the Cherwell Local Plan 1996.

STATEMENT OF ENGAGEMENT

In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and paragraph 38 of the National Planning Policy Framework, 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 is available to view online at: http://www.cherwell.gov.uk/viewplanningapp. The agenda, minutes and webcast recording of the Planning Committee meeting at which this application was determined 20 September 2018 are also available to view online at: http://modgov.cherwell.gov.uk/ieListMeetings.aspx?CId=117&Year=0.

	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.