With reference to the above planning application, please see the content of the planning decision letter below.
Our Ref: 23/00009/F
2nd March 2023
Dear Mr Berlouis,
TOWN AND COUNTRY PLANNING ACT 1990 (as amended)
CHERWELL DISTRICT COUNCIL, in pursuance of powers under the above mentioned ACT,
hereby DECLINE TO DETERMINE:
Part Change of Use from Sui Generis (Drinking Establishments) to C3 (Dwellinghouse)
(Resubmission of 22/01315/F) at 92 East Street, Fritwell, OX27 7QF
in accordance with Section 70C of the above Act for the following reason:
Under the terms of Section 70A(1) of the Town and Country Planning Act 1990 (as amended), the
Council “may decline to determine an application for planning permission for the development of
any land if granting planning permission for the development would involve granting, whether in
relation to the whole or any part of the land to which a pre-existing enforcement notice relates,
planning permission in respect of the whole or any part of the matters specified in the enforcement
notice as constituting a breach of planning control”.
and further to the appeal dismissed by the Planning Inspectorate (appeal ref. APP/C3105/C/19/3226706)
relating to an enforcement notice at the above site.
The Council is exercising its power under Section 70C of the Town and Country Planning Act 1990 (as
amended) to decline to determine the application, due to the pre-existing enforcement notice on the
application site. We have therefore closed the record