A PLAN for 49 homes that “extends Banbury into the open countryside” has been granted permission despite not complying with council policies. 

Lone Star Land got the green light from Cherwell District Council’s planning committee to build up to 49 homes to the south east of Milestone Farm, Broughton Road, Banbury, this week. 

Councillors expressed regret in doing so but argued their hands were tied by a successful appeal to allow a similar development next to this proposal. 

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Appeals are heard by the Planning Inspectorate – a national body that has the final say when applicants are unhappy with outcomes from councils in charge of planning – which ruled in June 2021 that development of the nearby land was “required to contribute to the supply of housing in the district”. 

Planning officer David Lowin acknowledged that had been an influence in the “balancing exercise” applied to this case. He said the proposal “is contrary to the development plan” but more weight was given to the need for the region to meet its targets on providing enough land for housing. 

Councillor Colin Clarke (Con, Banbury Calthorpe & Easington) said: “You don’t need me to tell you, I am sure, that I am very unhappy with this. 

“It is almost deja vu as far as I am concerned, going through exactly the same process as I went through last time.

“I think there were four fields that were owned by this developer originally for something in the region of 120 homes. I believe that has now been brought down to 49 but I am quite sure there will be another application coming along in the near future.

“I acknowledge the five-year land supply situation and the tilted balance from the Gladman case whereby preference is given to approving this application.

“I have my hands tied behind my back as far as this application is concerned. Without a shadow of doubt this extends the urban area of Banbury into the open countryside.”

He referred to the fact the application is contrary to local plan policies and stated guidance that says “even where development plan policies are rendered out of date by housing land shortfalls, they remain potentially relevant to the application of the tilted balance and decision makers are not legally bound to disregard them”.

Planning chair Councillor George Reynolds (Con, Cropredy, Sibfords & Wroxton) expressed sympathy with that position but added: “It doesn’t matter how often we read reports, the final arbiter is the Planning Inspectorate who quite often has their own reading of the policies, which is their prerogative.”

The application was passed by 12 votes to three with two councillors abstaining.

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