Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE
Cherwell District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 13 January 2025
- Authority
- Cherwell District Council
- Inspector
- Long M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr and Mrs Huw and Charlotte Jenkins
- LPA reference
- 23/02865/F
- ONS LPA code
- E07000177
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 1 August 2024
Summary AI
The appeal for two shepherd's huts for holiday lets and a driveway was dismissed due to the unsuitable location of the site, which does not meet the requirements of the development plan and national policy. The Inspector found that there was no evidence to suggest a demonstrable need for tourism development on the site, and that the development would conflict with policy supporting sustainable locations and modes of transport.
PDF text
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision Site visit made on 5 November 2024 by M Long BA(Hons) MSc MRTPI Decision by M Russell BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 13 January 2025 Appeal Ref: APP/C3105/W/24/3346090 Slatters Barn, Epwell Road, Shutford, Oxfordshire OX15 6HE • 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 Huw Jenkins against the decision of Cherwell District Council. • The application Ref is 23/02865/F. • The development proposed is the installation of two shepherd's huts for use as holiday lets & construction of a driveway to the shepherd's huts. Decision 1. The appeal is dismissed. Appeal Procedure 2. The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. Preliminary Matters 3. The original planning application was made retrospectively. The shepherd huts remained in situ at the time of the appeal site visit. Therefore, the appeal has been considered on the basis that planning permission is sought retrospectively. 4.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision The appellant suggests that the development would be supported by Core Policy 31 of the ‘Emerging Cherwell Local Plan 2040’ (ECLP). However, I have not been provided with a copy of the emerging policy and there is nothing before me to suggest that the ECLP is at an advanced stage or that there are no outstanding objections or requirements for modifications to it. In the circumstances this emerging policy could only attract limited weight and does not alter the recommendation which is made having regard to the adopted policies of the development plan. Main Issue 5. The main issue is whether the appeal site is a suitable location for the development having regard to the development plan and national policy. Reasons for the Recommendation 6. The National Planning Policy Framework (the Framework) seeks to supporting a prosperous rural economy including at Paragraph 88 c) sustainable rural tourism developments which respect the character of the countryside. Paragraph 89 of the Framework confirms that decisions should recognise that sites to meet local business and community needs in rural areas may have to https://www.gov.uk/planning-inspectorate
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision Appeal Decision APP/C3105/W/24/3346090 be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. 7. Policy SLE 3 (Supporting Tourism Growth) of the Cherwell Local Plan Part 1 (2015) (CLP) is consistent with the Framework as it supports proposals for new or improved tourist facilities in sustainable locations, where they accord with other policies in the plan, to increase overnight stays and visitor numbers within the District. The supporting text to this policy includes that tourism development will be supported where it can be demonstrated that there would be direct benefit for the local ‘visitor’ economy and which will sustain the rural economy. 8. The appeal site is located on a part of Epwell Road which is set away from the nearest village, Shutford. The immediate rural area is predominantly characterised by open fields with some limited residential development. Epwell Road is a distinctly rural route lined by narrow grass verges and hedgerows with no pavements or lighting connecting the appeal site to Shutford or other settlements in the wider area. There are no local bus or train services in close proximity to the site.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision Therefore, the immediate area does not have attributes which would make it easily accessible for visitors or which provide a range of services and facilities which are within practical walking or cycling distance. There would be a high dependency for visitors on the use of private vehicles to reach the site and to explore the wider area. 9. Moreover, from the evidence before me, other than a public house and a church, Shutford does not have any other services or facilities that might be appealing to visitors to the area. Furthermore, the appellant has indicated that the public house already attracts many visitors from surrounding areas. Therefore, there is nothing to suggest that the small scale tourism development before me, and its location in the countryside, is necessary to meet local business and community needs. 10. Although basic provisions and vending machines could be provided at the site, these would be unlikely to meet the daily needs of visitors. I accept that there may be public rights of way, and that bikes could be made available on the site. Even so, there is no compelling evidence before me to indicate that walking or cycling routes in the area are of particular interest from a tourism perspective.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision Any future potential to provide sewing and pottery classes on the site is not guaranteed and given it is envisaged that the aim would be to run a half day/full day course one day per month this does not indicate that holiday lets would be required in support of it. 11. In the wider locality there are for example other public houses, a Kart Racing Club, Wroxton MX Racing Track, Broughton Castle, Swalcliffe Barn and the Hook Norton Brewery. However, there is also no detailed evidence to suggest that there is unmet demand for new tourist accommodation in support of them. More particularly, there is nothing to suggest that two shepherds huts on a site which is remote from these features would have any tangible benefits for the local visitor economy. 12. I acknowledge the positive rural qualities of the site, as well as the intentions for the development to serve as a retreat. Nevertheless, the rural qualities of the site’s location are not unique within the countryside and do not on their own justify locating tourist facilities on a site which is located away from any significant draw for visitors. https://www.gov.uk/planning-inspectorate 2
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision Appeal Decision APP/C3105/W/24/3346090 13. The appellant has directed my attention to several developments in the wider area that require a vehicle to reach, and which are suggested to attract more traffic than the appeal scheme would. While the full details of these developments are not before me, it appears some of the examples do not relate to tourist accommodation and so are not directly comparable to the appeal scheme. Also, the Council indicate that not all of the developments benefit from consent. In any case, promoting sustainable modes of transport and minimising private vehicle use is only one aspect of achieving sustainable development. As the Framework confirms, sustainable development incorporates wider economic, social and environmental objectives and relies on locating development in the right places, taking local circumstances into account, to reflect the character, needs and opportunities of an area. 14. The presence of other tourist accommodation, such as at Lower Nil Farm, does not in itself show a demonstrable need for further tourist accommodation in this area.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision It has not been demonstrated that accommodation could not be provided at a more sustainable location, such as closer to a settlement with a wider offer of services, facilities and attractions catering for tourism, including the district’s main towns and larger villages. While the appellant has cited some anecdotal evidence relating to neighbours and friends expressing interest in staying at the shepherd’s huts, and that local events, weddings and family gatherings occur in this area, there is no objective evidence to suggest that there is a demonstrable need for tourism development on the appeal site. 15. I conclude that the appeal site is not a suitable location for the development having regard to the development plan and national policy. For the reasons set out, the development conflicts with Policy SLE 3 (Supporting Tourism Growth) of the CLP which supports proposals for new or improved tourist facilities in sustainable locations.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision It is also contrary to Policies SLE4 (Improved Transport and Connections) and ESD1 (Mitigating and Adapting to Climate Change) of the CLP which together seek to ensure that growth is distributed to the most sustainable locations and that development facilitates the use of sustainable modes of transport. For the same reasons there would be conflict with the Framework which seeks to enable sustainable rural tourism. Other Matters 16. The main parties are not in dispute in respect of the design of the shepherd’s huts. I also accept that no highway safety issues have been raised. However, these matters alone do not advocate development which is not sustainably located. 17. Some local economic benefits associated with the appeal scheme have been outlined, including local produce being purchased and supplied to visitors, supporting local trades and services. The appellant has also set out that there would be environmental benefits arising from the scheme, such as tree- planting, the use of eco-friendly products and rainwater harvesting, as well as their intentions to responsibly manage the site and promote biodiversity.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision However, these benefits would be modest in the context of the scale of the scheme and would not justify the harm resulting from their unsuitable location and the conflict with local and national policy. 18. It has been suggested that the appellant could let their own home at Slatters Barn without issue. While this may be the case, that would relate to an existing https://www.gov.uk/planning-inspectorate 3
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision However, these benefits would be modest in the context of the scale of the scheme and would not justify the harm resulting from their unsuitable location and the conflict with local and national policy. 18. It has been suggested that the appellant could let their own home at Slatters Barn without issue. While this may be the case, that would relate to an existing https://www.gov.uk/planning-inspectorate 3
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — Appeal Decision Appeal Decision APP/C3105/W/24/3346090 house and is not directly comparable to the nature of the shepherd’s huts, which have been newly constructed, specifically for short-term stays. 19. The appellant has expressed concerns with third-party objections made in respect of the development. I have considered this appeal scheme under the main issue having regard to the requirements of the development plan and the Framework. The comments made by third-parties in respect of other matters have not, in this instance, been determinative in my recommendation. 20. Concerns have also been raised with regard to the Council’s communication and timeliness during the application stage. Nevertheless, these matters are not relevant to the planning merits of the appeal scheme, which must be the focus of this recommendation. Conclusion and Recommendation 21. For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be dismissed.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — M Long APPEAL PLANNING OFFICER Inspector’s Decision 22. I have considered all the submitted evidence and my representative’s report and on that basis the appeal is dismissed.
Slatters Barn, Epwell Road, Shutford, BANBURY, OX15 6HE — Cherwell District Council — M Russell INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Green belt Against appellant ¶9-14
The appeal site is located in a distinctly rural area, and the Inspector found that it does not have attributes that would make it easily accessible for visitors or provide a range of services and facilities within practical walking or cycling distance. The site's remote location would require visitors to rely on private vehicles, and there is no compelling evidence to suggest that walking or cycling routes in the area are of particular interest from a tourism perspective.
Planning obligations Against appellant ¶15
The development conflicts with policy supporting sustainable locations and modes of transport, and the Inspector found that there is no demonstrable need for tourism development on the site. The development would not meet the requirements of the development plan and national policy.
Heritage impact Against appellant ¶12
The Inspector acknowledged the positive rural qualities of the site, but found that they do not on their own justify locating tourist facilities on a site which is located away from any significant draw for visitors.
Housing land supply Against appellant ¶14
The presence of other tourist accommodation, such as at Lower Nil Farm, does not in itself show a demonstrable need for further tourist accommodation in this area.
Living conditions Against appellant ¶17
The Inspector found that any local economic benefits associated with the appeal scheme, including local produce being purchased and supplied to visitors, supporting local trades and services, would be modest in the context of the scale of the scheme and would not justify the harm resulting from their unsuitable location and the conflict with local and national policy.
Policies relied on
| Reference | Weight |
|---|---|
| CLP SLE 3 |
Determinative |
| CLP SLE 4 |
Determinative |
| CLP ESD1 |
Determinative |
| NPPF 88 c) |
Determinative |
| NPPF 89 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 13 January 2025 under the Open Government Licence.