Case 3337069

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE

Cherwell District Council — appeal allowed

Outcome
Allowed
Decision date
6 September 2024
Authority
Cherwell District Council
Inspector
Williams K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr & Mrs John & Michelle Kevill
LPA reference
23/00020/F
ONS LPA code
E07000177
Jurisdiction
Transferred
Link status
Not Linked
Start date
12 April 2024

Summary AI

The appeal was allowed due to the provision of sufficient justification for locating the development at the appeal site, with regard to local and national policy, and the safe and efficient operation of the highway network. The development is compliant with Local Plan Policies SLE 1 and ESD 1, and the proposed use of the building for vehicle storage is considered suitable for the rural area.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision Site visit made on 2 July 2024 by K Williams MTCP (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 6th September 2024 Appeal Ref: APP/C3105/W/24/3337069 Godington Hall Farm, Godington, Bicester, Oxfordshire OX27 9AE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr J and Mrs Kevill against the decision of Cherwell District Council. • The application Ref is 23/00020/F. • The development proposed is the change of use of agricultural building to car storage falling within Use Class B8 of the Town and Country Planning (Use Classes) Order, 1987 (as amended). Decision 1. The appeal is allowed and planning permission is granted for the change of use of agricultural building to car storage falling within Use Class B8 of the Town and Country Planning (Use Classes) Order, 1987 (as amended) at Godington Hall Farm, Godington, Bicester OX27 9AE in accordance with the terms of the application, Ref 23/00020/F, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision.

Page 1 · Chunk 1 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with drawing no’s: KEV001/001 Appeal Site Location Plan; and 6297.1 Rev Proposals drawing. 3) The premises shall be used for vehicle/car storage and for no other purpose (including any other purpose in Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). Preliminary Matters 2. The address in the banner heading and decision has been taken from the planning application form. 3. I sought clarification from Council, that it had received the appellant’s statement of case within the timeframe set by the appeal process. The Council confirmed that they had. No justification was provided to cause me to exceptionally seek further comments from the Council, nor did it make any specific request to do so or add to their submitted statement and conditions. https://www.gov.uk/planning-inspectorate - APP/C3105/W/24/3337069

Page 2 · Chunk 2 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision Appeal Decision APP/C3105/W/24/3337069 Main Issues 4. The main issues are the suitability of the location for the proposed use, with particular regard to local and national policy; and the safe and efficient operation of the highway network with particular regard to the rural character of the area. Reasons Location 5. The appeal site comprises a large agricultural modern metal storage barn located close to the site entrance of an existing yard associated with Godington Hall Farm. The yard area is made up of rough stone, and is situated opposite a smaller modern barn, with planning permission for commercial use1. The wider appeal site associated with Godington Farm has various agricultural, equestrian, commercial and associated buildings. The location of the farm is within the rural area and can generally be accessed via networks of rural lanes, with the main road being the A4421 located a relatively short distance to the west. 6. The appeal building was required for the storage of agricultural machinery and hay, straw and crop storage which I observed during my site visit. However, the tenancy for the building ceased and the appellant states that the barn has been marketed, including for an agricultural tenant.

Page 2 · Chunk 3 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision However, the marketing has secured interest from Silverstone Auctions Limited now Iconic Auctioneers to store vehicles. The proposed storage use would be associated with an established vehicle auction business located in Ashorne. 7. Policy SLE 1 of the Cherwell Local Plan 2011-2031 (the Local Plan) directs new employment development to locations in accordance with Local Plan Policy ESD 1. This primarily involves directing employment development to existing employment sites and the main urban settlements close to homes to avoid traffic and commuting on rural roads. 8. However, Policy SLE 1 exceptionally supports new employment proposals within rural areas subject to meeting certain criteria. Amongst other matters, this includes demonstration of why a rural location is required, its benefits and why the development should not be located in towns. Employment development in rural areas is also required to demonstrate that there is no other available land within existing nearby employment areas and that it is small in scale, unless it can be demonstrated that there would be no significant impact on the surrounding environment. 9.

Page 2 · Chunk 4 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision The direction of development to sustainable locations alongside the support for rural employment development is broadly consistent with the National Planning Policy Framework (the Framework). That being said, the Framework at paragraph 88 (a), under the heading of supporting a prosperous rural economy, states that planning decisions should enable the sustainable growth and expansion of all types of business in rural areas, which includes the conversion of existing buildings. Paragraph 88 (b) sets out that decisions 1 Council Ref: 22/01026/F Application for erection of new barn building for flexible business use to replace existing farm barns with flexible business use ( class E ) together with associated access, parking and turning. https://www.gov.uk/planning-inspectorate - null APP/C3105/W/24/3337069

Page 3 · Chunk 5 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision Appeal Decision APP/C3105/W/24/3337069 should enable the development and diversification of agricultural and other land-based rural businesses. 10. The appellant contends that a private location is required. Nevertheless, this does not automatically equate with the necessity to locate the business within a rural area. However, the evidence suggests that the growth and expansion of the business needs a suitable building, price and location close to its headquarters, auction venues and places where motor show events are held. As such the location of the appeal site and the benefits being located close to these locations is relatively compelling because of the unique nature of the business and cluster of markets, businesses and locations involved. 11. Whilst not small scale, employees would not be based at the appeal site. There is no evidence that the development would harm the character or appearance of the surrounding area or landscape. No concerns have been raised by the Council that it cannot be carried out without undue detriment to residential amenity. 12. Evidence has also been presented that a search of alternative commercial sites within a 15 mile radius of Bicester has not yet yielded another suitable location.

Page 3 · Chunk 6 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision These buildings and locations have been discounted for various reasons, predominantly relating to the building spaces, location, and price. As such, in this instance the proposal would not achieve the commercial requirements in a different location. 13. Furthermore, the rental income would provide improved financial security for Godington Farm following the loss of the tenant. That being the case, the proposal would support two specific businesses and in doing so would align with the provisions contained within paragraph 88 of the Framework I have referred to above, which weighs in favour of the proposed development. The highway network 14. Compliance with Local Plan Policies SLE 1 and ESD 1 are also dependent on whether the development can be carried without undue detriment to the highway network and wherever possible contribute to the general aim of reducing the need to travel by private car. However, the absence of any technical objection on highway safety grounds, is a different matter from the effect on the peaceful rural surroundings as a result of excessive or inappropriate traffic. 15. The short stretches of road between the appeal site and the A4421 are subject to the national speed limit.

Page 3 · Chunk 7 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision There are no footways or lighting. The rural lanes appeared to be wide enough to allow for two vehicles to pass. They also appeared relatively easy to navigate with straight alignment and would be able to access the main road network within a very short period of time with very few frontage buildings along the route. The rural lanes did not appear heavily trafficked, a view shared by the Council’s Highway section. There is no evidence before me, that any incidents have occurred or that there are any particular issues within the network in the vicinity of the appeal site. 16. Whilst the appellant states that the number of auctions would typically be around 4 to 7, the Council’s Highway section considered the proposal on the basis of 15 auctions per year. They do not consider that this equates to heavy traffic increases within the area. Each auction would involve around 12-14 car movements per day over a period of 1-2 weeks to move vehicles to the https://www.gov.uk/planning-inspectorate - null APP/C3105/W/24/3337069

Page 4 · Chunk 8 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision Appeal Decision APP/C3105/W/24/3337069 relevant location. The cars would be driven or towed on a trailer, rather than HGV’s. There would be other vehicle movements associated with the business. Whilst these would generally not occur at the same time or be at the same level of movement associated with the transport of vehicles to off-site auctions, it is likely there would be an intensification of traffic above any existing baseline level at certain times and on certain days. 17. The operation of the business, and the use of the building for storing vehicles would not involve a significant number of employees driving to the site on a daily basis. Vehicle movements associated with the auctions and other exhibitions would not in my view be excessive on a daily basis and would be staggered. The evidence before me suggests that the character or the rural lanes and highway network would be able to accommodate the development traffic. Therefore in this instance I am not persuaded that the development would result in inappropriate traffic on the surrounding rural roads, which Policy SLE 1 seeks to avoid and would also not unacceptably affect the safe and efficient operation of the highway network. 18.

Page 4 · Chunk 9 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision Whilst I do not consider the site to be accessible by sustainable modes of transport, and the proposal does not reduce the need to travel by private car as required by ESD 1, I am mindful that the advice in the Framework identifies that sustainable transport options do vary between urban and rural areas. Paragraph 89 of the Framework recognises that sites to meet local business and community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. It lists factors which will be important in these circumstances, and the proposal would achieve those relevant, in being sensitive to its surroundings and not having an unacceptable impact on local roads. The advice in paragraph 89 of the Framework further supports my findings on this matter. Conclusion on main issue 19. Overall, for the above reasons, sufficient justification has been provided to demonstrate why the development should be located at the appeal site.

Page 4 · Chunk 10 Appeal Decision

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — Appeal Decision I therefore conclude that the appeal site is a suitable location for the proposed use with particular regard to local and national policy and the safe and efficient operation of the highway with particular regard to the rural character of the area. Thus, the development is compliant with Local Plan Policies SLE 1 and ESD 1 whose provisions I have referred to above. Conditions 20. The Council in its submitted statement of case recommended three conditions. I have amended these only in the interests of precision. In addition to the condition on the commencement of the development, a condition specifying the plans that are approved is reasonable and necessary in the interest of clarity. A condition limiting the use to vehicle storage within Use Class B8 is necessary to limit the scale which could arise with an alternative use. Conclusion 21. For the reasons given above, and having regard to all other matters raised, I conclude that the appeal should be allowed.

Page 4 · Chunk 11 K Williams

Part OS Parcels 0700 And 2800 , NE Of Godington Hall, Street through Godington, Godington, Bicester, Oxfordshire, OX27 9AE — Cherwell District Council — K Williams INSPECTOR https://www.gov.uk/planning-inspectorate - null APP/C3105/W/24/3337069

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Other
For appellant
¶5-19

The appeal site is suitable for the proposed use due to its proximity to the auction business and the benefits of being located close to the headquarters, auction venues, and motor show events.

Highway safety
For appellant
¶14-17

The development would not result in inappropriate traffic on the surrounding rural roads, and would not unacceptably affect the safe and efficient operation of the highway network.

Policies relied on

Reference Weight
Cherwell Local Plan 2011-2031, SLE 1
Determinative
National Planning Policy Framework (NPPF) 88
Determinative
National Planning Policy Framework (NPPF) 89
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 6 September 2024 under the Open Government Licence.