Changing use contrary to local plan

We were instructed by Thame Town Council in a challenge against the decision of a Planning Inspector to grant permission for a development that included the erection of up to 129 dwellings and the conversion of an office block into flats. The site was a vacant builder’s yard designated as an employment site in the South Oxfordshire Local Plan and the Thame Neighbourhood Plan.

Both policies stated that before an employment site could be used for non-employment purposes, the developer had to demonstrate that the site was no longer economically viable, and market the site for employment uses. However, the developer marketed only part of the site, relying on the fact that South Oxfordshire District Council had previously granted prior approval for a change of use over the remainder of the site to residential use. Due to the defective marketing exercise, the application was refused. On appeal, the Planning Inspector granted the application as the prior approval outweighed the policy conflict.

The Claimant pursued four grounds of challenge: (1) the Inspector misapplied the policies by relying on the prior approval; (2) the Inspector failed to take into account the Claimant’s objections; (3) the decision was irrational, and (4) the Inspector failed to provide any or adequate reasons. Permission was granted to pursue all grounds at a substantive hearing.

On ground 1, Lang J stated that the Inspector had not relied on the prior approval. It only became relevant to his reasoning when considering whether there were material considerations in favour of granting planning permission. On ground 2, one could assume that the Inspector had considered all of the Claimant’s objections, not just those mentioned in the decision, because he noted he had had regard to them. Ground 3 failed because the Inspector had exercised his planning judgment. Ground 4 failed for the same reasons as ground 2.

Jack Parker acted as Counsel for the Claimant.