Oakley Farm, Cheltenham

Key Project Information

Permission was granted at appeal for up to 250 dwellings and associated works within the Cotswolds Area of Outstanding Natural Beauty.

Pegasus Group prepared numerous documents in support of the planning application including the Environmental Statement and Planning Statement as well as responses to some of the statutory consultees.

Our planning, heritage and economics areas of expertise were then instructed to represent the appellant at the appeal on planning, heritage, educational and housing land supply matters.

The story

Pegasus Group prepared numerous documents and engaged with statutory consultees in support of a planning application for up to 250 dwellings and associated infrastructure at a site at Oakley Farm, Cheltenham within the Cotswolds AONB.

Following the failure of the Council to determine the planning application, a s78 appeal was lodged. The Council then resolved that they would have refused planning permission if they remained the determining authority identifying 7 reasons for refusal on planning, heritage and highways grounds as well as the impact on the AONB and the absence of an agreed s106.

Pegasus Group were instructed to represent the appellant at appeal on planning, heritage, educational and housing land supply matters.

Prior to lodging the appeal, the County Council reduced their request for contributions towards additional school places from £4.29M to £4.06M but by the time the appeal sat the request had reduced to £2.63M having taken account of the evidence prepared by Pegasus Group.

At the appeal Pegasus Group presented evidence to demonstrate that no contribution was necessary, but the Inspector disagreed and found that the reduced contributions sought by the County Council were necessary.

The Inspector found that there was a clear and urgent need for the housing proposed given the 1.6 to 2.9 year land supply, and that there was little prospect of this being addressed through a plan-led approach or in another way. The Inspector also found that the appeal site was an obvious and logical extension to Cheltenham, with comparatively limited harms such that exceptional circumstances existed to justify this development in the AONB. Similarly, the Inspector found that the very weighty benefits outweighed the less than substantial harm to heritage assets at the lower end of the spectrum and allowed the appeal.