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

	
Name and Address of Agent/Applicant :
Mr Charles Etherington Smith
c/o Anthony Padfield Town Planning Consultancy
Mr Anthony Padfield
Old Street Barn Lensbrook
Lydney
Gloucestershire
GL15 4LR

	
Date Registered : 27th November 2012

Proposal :	Construction of a stable block

Location :	Hill House Main Street Sibford Ferris Banbury	
Parish(es) :	 Sibford Ferris		 	
UPRN :	010011888483	

PERMISSION FOR DEVELOPMENT SUBJECT TO CONDITIONS

The Cherwell District Council, as Local Planning Authority, hereby GRANTS planning permission for the development described in the above-mentioned application, the accompanying plans and drawings and any clarifying or amending information  SUBJECT TO THE CONDITIONS SET OUT IN THE ATTACHED SCHEDULE. 

The reason for the imposition of each of the conditions is also set out in the schedule.	

Cherwell District Council
Bodicote House
Bodicote
Banbury
Oxon
OX15 4AA	Cherwell District Council	

Certified a true copy

Head of Public Protection & Development Management	

Date of Decision : 14th January 2013	Head of Public Protection & 
Development Management	

SCHEDULE OF CONDITIONS	

 1	That the development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission.
	
	Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 2	Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the plans and documents submitted with the application and the materials and finishing details included therein;
			
	Reason - For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority. 

 3	The stables hereby permitted shall be used for private use only and no commercial use including riding lessons, tuition, livery or competitions shall take place at any time.
			
	Reason - In order to maintain the character of the area in accordance with Policies C7, C13 and AG5 of the adopted Cherwell Local Plan and in the interests of highway safety in accordance with government guidance in the National Planning Policy Framework.

PLANNING NOTES

1	Planning permission only means that in planning terms a proposal is acceptable to the Local Planning Authority.  Just because you have obtained planning permission, this does not mean you always have the right to carry out the development.  Planning permission gives no additional rights to carry out the work, where that work is on someone else's land, or the work will affect someone else's rights in respect of the land.  For example there may be a leaseholder or tenant, or someone who has a right of way over the land, or another owner.  Their rights are still valid and you are therefore advised that you should seek legal advice before carrying out the planning permission where any other person's rights are involved.

2	The County Archaeologist has indicated that the proposal does not appear to directly affect any presently known archaeological sites.  However, the County Council's records do show the presence of known archaeological finds nearby and this should be borne in mind by the applicant.  If archaeological finds do occur during development, the applicant is requested to notify the County Archaeologist in order that he may make a site visit or otherwise advise as necessary.  Please contact : County Archaeologist, Department of Leisure and Arts, Oxfordshire County Council, Central Library, Westgate, Oxford, OX1 1DJ (Telephone 01865 815749).

SUMMARY OF REASONS FOR THE GRANT OF PLANNING PERMISSION AND RELEVANT DEVELOPMENT PLAN POLICIES
	
	The Council, as Local Planning Authority, has determined this application in accordance with the development plan unless material considerations indicated otherwise. The development is considered to be acceptable on its planning merits as the proposal is of a design, size and style that is appropriate and will not unduly impact on the character or openness of the countryside or cause harm to highway safety and convenience. In addition, the proposal is considered to preserve the character of the Conservation Area. As such the proposal is in accordance with Policy BE6 of the South East Plan 2009, Policies C7, C13, C28, AG2 and AG5 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. For the reasons given above and having regard to all other matters raised, the Council considers that the application should be approved and planning permission granted subject to appropriate conditions, as set out above.
	
STATEMENT OF ENGAGEMENT
	
	In accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No 2) Order 2012 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), this decision has been taken by the Council having worked with the applicant/agent in a positive and proactive way as set out in the application report.

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

	

NOTES TO THE APPLICANT

TIME LIMITS FOR APPLICATIONS 

By virtue of Sections 91-96 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, planning permissions are subject to time limits.  If a condition imposing a time limit has been expressly included as part of the permission, then that condition must be observed.  Otherwise, one or other of the following time limits will apply :

Where planning permission is given in outline subject to a condition reserving certain matters for subsequent approval, application for approval of such matters reserved must be made not later than the expiration of 3 years beginning with the date of the outline planning permission and further the development to which the permission relates must be begun not later than the expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

Where the planning permission is complete and is not in outline, the development must be begun not later than the expiration of 3 years from the date on which permission was granted.
OTHER NECESSARY CONSENTS
This document only conveys permission or approval for the proposed development under Part III of the Town and Country Planning Act 1990 and you must also comply with all the bye-laws, regulations and statutory provisions in force in the District and secure such other approvals and permissions as may be necessary under other parts of the Town and Country Planning Act 1990 or other legislation.
In particular you are reminded of the following matters :
•	The need in appropriate cases to obtain approval under the Building Regulations. The Building Regulations may be applicable to this proposal.  You are therefore advised to contact the District Council’s Building Control Manager before starting work on site.
•	The need to obtain an appropriate Order if the proposal involves the stopping up or diversion of a public footpath.
•	Data supplied by the National Radiological Protection Board (NRPB) and the British Geological Survey (BGS) suggests that the site of this application falls within an area which is potentially at risk from radon. This may require protective measures in order to comply with the Building Regulations if your consent relates to a new dwelling or house extension. Further advice on whether protective measures are required under the Building Regulations can be obtained by contacting the Building Control Manager on 0300 003 0200, fax 0300 003 0201 or E-mail at building.control@cherwellandsouthnorthants.gov.uk
•	The need to obtain a separate “Listed Building Consent” for the demolition, alteration or extension of any listed building of architectural or historic interest from the Local Planning Authority.
•	The need to make any appropriate arrangements under the Highways Act in respect of any works within the limits of a public highway.  The address of the Highway Authority is Oxfordshire County Council, Speedwell House, Speedwell Street, Oxford, OX1 1NE.
•	It is the responsibility of the applicant to ascertain whether his/her development affects any public right of way, highway or listed building.
APPEALS TO THE SECRETARY OF STATE
If you are aggrieved by the decision of the Local Planning Authority to grant permission or approval subject to conditions, you can appeal to the First Secretary of State in accordance with Section 78(1) of the Town and Country Planning Act 1990.
If you wish to appeal then you must do so within six months of the date of this notice.  Forms can be obtained from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Tel (0117) 372 8000.  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 grants permission or approval for the development of land subject to conditions, 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 granted subject to conditions 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.