Out-Law News

Council to challenge neighbourhood planning decision, as minister announces extension of scrutiny


Cherwell District Council has announced that it will challenge the communities secretary’s decision (36-page / 343 KB PDF) last month to allow an appeal and grant permission for a 54-home development in Hook Norton, Oxfordshire.

The Council said in a statement that it disagreed with Clark’s interpretation of a policy in the adopted Hook Norton Neighbourhood Plan. The Council claimed that the policy restricted the size of individual developments in the parish to a maximum of 20 homes, whereas the communities secretary had decided it could mean that more homes could be permitted if they were built in phases.

The Council said it also disagreed with Clark’s interpretation of the settlement hierarchy in its local plan. Cherwell’s local plan allocates 24 “category A villages” for the delivery of a total of 750 homes in the plan period. According to the Council’s announcement “council officers are concerned that the appeal decision does not adequately explain why a relatively larger share of the 750 dwellings is acceptable at Hook Norton compare to other [category A] villages”.

Since July 2014, the communities secretary has considered the recovery of appeals involving residential development of more than 10 homes in areas progressing towards a neighbourhood plan. Housing and planning minister Brandon Lewis confirmed on Monday that Clark’s scrutiny of appeals in neighbourhood planning areas would be extended for a further six months.

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