Planning Appeal Allowed for New Homes in Upper Rissington

McLoughlin Planning welcomes the decision to allow planning permission for the development of four new homes in Upper Rissington at Planning Appeal against Cotswold District Council’s planning decision to refuse.  

In October 2021, Cotswold District Council refused planning permission for the proposed development on the alleged grounds that the proposed development would harm the character and appearance of the area, including the Cotswolds Area of Outstanding Natural Beauty (AONB); and the living condition of neighbouring and future residents concerning privacy and access to open space.  

The proposed development is on a parcel of land sited within an existing residential area on an underused piece of land inside a defined settlement boundary. Due to our good working relationship with case officers at Cotswold District Council and understanding of Local Plan policy, the proposed development was recommended for approval. Officers recognised the proposed development would make use of brownfield land, the separation distances would accord with the Cotswold Design Guide and would be surrounded by neighbouring residential development.  

Unfortunately, the case was called in by a local ward member to Planning Committee. Despite officers recommending approval, members refused planning permission. McLoughlin Planning supported Tyack Architects and the applicant through the planning appeal process, constructing a Statement of Case, Final Comments, and liaising with the Inspectorate throughout the process.  

The appeal decision is useful for the following reasons: (1) the Inspector recognised that the development would not result in an encroachment into the countryside. Whilst the site could be seen from some public viewpoints from the AONB, the houses would be read as part of the wider settlement and therefore it was concluded the development would not harm the beauty of the AONB; and (2) Given the established layout of the existing housing in the area, a degree of passive surveillance and overlooking already exists. With the new housing being in excess of 20 metres on separation distances, the Inspector agreed that this would not result in harm to neighbours or future residents’ privacy.  

When planning permission is refused, deciding whether to appeal or re-submit can sometimes be challenging. Whilst McLoughlin Planning believe planning appeals should be seen as a last resort in most cases, where proposals have demonstrated care and compliance with important Local Plan policies then a planning appeal can be worthwhile to secure the development you aspire to create.  

Our team has years of experience working on planning appeals, for both the public and private sectors. If you would like to speak with us further about your recent decision, a case due for determination or a new site you are exploring, then please contact Joe Seymour at 01242 895008 or Alternatively, you can book a meeting via our website’s “book an appointment” contact form.