Appeal Decision - Grey Belt, Status of illustrative masterplans and bat mitigation
Following a 6-day Public Inquiry, the Planning Inspectorate has issued a detailed decision letter addressing four co-joined appeals relating to proposals for:
- 74 dwellings and a care home
- 121 dwellings and a care home
The appeals arose from South Oxfordshire District Council and Oxford City Council’s refusal or failure to determine the applications.
David Jones MRICS, MRTPI, Head of Planning at Evans Jones Ltd, provided expert planning evidence on behalf of South Oxfordshire District Council, supported by a multidisciplinary team covering urban design, ecology, landscape, and housing land supply. The Council was represented by Josef Cannon KC throughout the Inquiry.
Prior to the Inquiry, advised by the consultant team, the Council chose to offer no evidence against the smaller 74-dwelling scheme, although a Rule 6 party maintained opposition to both schemes.
- 74-dwelling scheme - Appeal Allowed
- 121-dwelling scheme - Appeal dismissed
A central issue in the dismissal was the reliance by the appellant on the notion that the submitted masterplan was simply “one of thousands of ways” the site could be developed. However, the Inspector clearly stated:
“I therefore use [the illustrative masterplan] as the basis for my assessment of Scheme A.”
This had critical implications. The 120-dwelling proposal required sensitive mitigation for bat habitats, including triple-glazed windows with low light transference and automatic blackout blinds to be closed at dusk and opened at dawn.
The Inspector rightly noted that while appellants are not required to provide every possible layout, the decision-maker must be satisfied that the quantum of development proposed can be acceptably accommodated at the outline stage.
The conclusion:
“The unavoidable conclusion is that it is not possible to respond to the ecological constraints whilst retaining the quantum of homes proposed and with an acceptable overall design.”
Key Takeaway: This decision reinforces the principle that applicants cannot defer all design matters to reserved matters. Indicative layouts will be scrutinised to assess whether the scale of development is realistically achievable. Moreover, reliance on novel design solutions—such as blackout blinds and low-transmittance glass—raises questions about the acceptability of future living conditions for residents.
For a copy of decsion letter please click on link https://www.richborough.co.uk/wp-content/uploads/2025/05/5.-APP.Q3115.W.24.3353533-APP.G3110.W.24.3353532-APP.Q3115.W.24.3354458-APP.G3110.W.24.3354459.pdf