October 2023 – More Appeal Success

JPPC has convinced a Planning Inspector that initial works in respect of a planning permission granted in 2017 by Vale of White Horse District Council were sufficient to keep the planning permission alive, even though the developer had not submitted details of new visibility splays to the Council for approval before any works began.

Foundations were laid on the Botley site in 2020 with a view to making a material commencement of the development, however the Council took the view that a failure to comply with a pre-commencement condition (the one requiring vision splay drawings) rendered the works unlawful. Consequently, the Council took the view that the permission had expired and could not be built out.

The Inspector was persuaded otherwise – the failure to submit visibility splays for approval before commencing work on-site was not to be considered fatal to the planning permission – and in issuing a Lawful Development Certificate, the Inspector confirmed that the development could resume at any point in the future.