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

	
Name and Address of Agent/Applicant:

Mr Tim Catling
c/o Mr David Bradley
Clover Hall
Sandford St Martin
Oxfordshire
OX7 7AG

	
Date Registered: 7th December 2015

Proposal:	Demolition of existing chapel and erection of 4 no. dwellings	
Location:	St Georges Catholic Church, Round Close Road, Adderbury, Oxfordshire  
	
Parish(es):	 Adderbury		 	

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
Oxon
OX15 4AA	
Cherwell District Council	

Certified a true copy
Head of Public Protection & Development Management	

		

Date of Decision: 1st February 2016	Head of Public Protection 
& Development Management	

REASONS FOR REFUSAL	

 1	The proposed development, by virtue of its scale, form, design and layout would constitute overdevelopment of the site that would fail to sympathetically integrate into the built environment due to an unbalanced design. Furthermore the proposal would cause unacceptable levels of overshadowing and overlooking on the existing neighbouring properties leading to undue harm caused to the residential amenity of neighbouring properties. The proposal is therefore considered contrary to Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and saved Policy C28 and C30 of the Cherwell Local Pan 1996.

 2	The proposed development, by virtue of its unbalanced design would cause significant harm to the character and appearance of the Adderbury Conservation Area and would fail to preserve and enhance this heritage asset. As a result, the proposal fails to comply with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 3	The proposed development, by virtue of the substandard visibility and geometry at the point of the proposed access would result in detrimental harm cause to the safety and convenience of users of the highway in this location. Furthermore, the proposed parking and turning provision is inadequate to serve the development proposed and would result in vehicle parking and/or manoeuvring on the adjacent carriageway causing a hazard resulting in detrimental harm to the safety and convenience of users of the highway. The proposal is therefore considered contrary to Government guidance contained with the National Planning Policy Framework.

 4	The application is supported by inadequate information in relation to the ordinary watercourse which runs through the site. The Local Planning Authority has therefore been unable to make an informed decision as to whether the proposed development can be carried out without undue harm caused to the flow of the existing watercourse and the potential for flooding within the local area. Therefore, the proposal fails to comply with Policy ESD6 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

 5	The application is supported by inadequate information in relation to biodiversity enhancements to mitigate the loss of the existing watercourse within the site. The Local Planning Authority has therefore been unable to make an informed decision as to whether the proposed development could offer suitable biodiversity enhancements within the overall proposal. Therefore, the proposal fails to comply with Policy ESD10 of the Cherwell Local Plan 2011-2031 Part 1 and Government guidance contained within the National Planning Policy Framework.

PLANNING NOTES 

 1	In accordance with the Town and Country Planning (Development Management Procedure) Order 2015 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), this decision has been taken by the Council in a having worked in a proactive way by advising the agent of the concerns regarding the proposal giving the agent opportunity to withdraw the application. The decision has been made in a timely manner.

	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.