AC-2025-LON-000362 - [2025] EWHC 1968 (Admin)

The Appellant appeals the decision of an inspector appointed by the First Respondent, the Secretary of State, with the permission of Richard Kimblin KC, sitting as a Deputy Judge of the High Court, on two grounds. The decision letter (DL) dated 6 January 2025 dismissed the Appellant’s appeal under section 174 of the Town and Country Planning Act 1990 against an enforcement notice (the notice) issued on 5 January 2022 by the Second Respondent as local planning authority (the authority). The breach of planning control alleged in the notice is the erection of 6 x 1 bedroom dwellings in a 3-storey terrace (the Mews Building), alterations to the existing access and formation of 9 car parking spaces on the land. The notice required the demolition of the Mews Building and associated car parking spaces and the removal of all resulting materials. The inspector extended the time for compliance, but otherwise upheld the notice.

Planning permission was granted by the authority for such development in 2006 on the site in question which falls within the Headington Quarry Conservation Area, Oxford. However, the authority took the view that the development when constructed did not comply with the permission. The justification stated in the notice for requiring demolition included the following:

“(ii)

The development, as built, has a significantly higher eaves height than as approved and a notably higher total height. This gives the development a bulkier appearance, with no degree of equality to buildings within the site or immediate area, sitting proud of the consistent roofline of the street, clashing with the grain of development of Quarry High Street and the streetscene. The position of the eaves line and depth of the tile hung roof element alongside the height and width of the bays again highlights the increased size and scale of the building from that approved. Due to the increased length, the building now has an awkward relationship to the front boundary wall and has the appearance of being built into the public highway, jarring with the established building lines of development on the street. The increased height and mass of the building does not preserve or enhance the character or appearance of the Headington Quarry conservation area but detracts from the character of the area and instead further attracts attention to the bulky, prominent form of the development. No design rationale has been provided as to why the development needed to be constructed as built, as opposed to the approved scheme under 06/00023/FUL, and as to why it needs to be retained in such a manner. Accordingly, the development as constructed conflicts with Policies DH1, DH2 and DH3 of the Oxford Local Plan 2036 (“the Local Plan”).

(iii)

The footprint of the building is an additional 11.3m2 bigger than approved which has further reduced the small triangular green spaces provided at the northern and southern ends of the building, significantly reducing the overall shape and usability of the amenity space for the ground floor flats. Furthermore, the increased height of the building creates further overshadowing of these areas, reducing their usability for private outdoor dining and drying of clothes with reasonable circulation. There is no justification for the further reduction and as such this is in conflict with Policy H16 of the Local Plan.

(iv)

18 conditions were imposed on planning permission reference number 06/00023/FUL. The conditions imposed were the only way to ensure an acceptable development in planning terms in line with the wording of Paragraph 55 of the National Planning Policy Framework 2021. The unauthorised development, would not be controlled by planning conditions and is unacceptable in planning terms.”

The grounds are: