Agenda

To approve the minutes of the meeting held on 25 November 2024 (PN3) and to receive information arising from them.

Report by Planning Development Manager.

This application seeks to gain a Certificate of Lawfulness of Existing Use or Development (CLEUD) under Section 191 of the Town & Country Planning Act 1990 (“the 1990 Act”) as amended. The applicant claims that the land has been in use for over 10 years as a waste transfer station at the date of the application (5th December 2023).

RECOMMENDATION:

1.                 It is RECOMMENDED that a Certificate of Lawful Existing Use or Development is GRANTED for the MW.0171/23 application site (as shown edged red on the Location Plan within Appendix 1 and described in the Certificate as “the Land”), for the uses indicatively set out in the First Schedule below. Final wording of the Certificate to be delegated to the Planning Development Manager in consultation with the Director of Law and Governance.

2.                 The claimed uses, as set out in Schedule 1, are considered lawful within the meaning of Section 191(2) of the 1990 Act. Oxfordshire County Council considers that there is, on the balance of probabilities, sufficient evidence that the claimed use has been carried out on the Land for the past 10 years. The issue of a Certificate of Lawful Existing Use and Development on the terms set out below is accordingly justified.

Report by Planning Development Manager.

It is a statutory requirement to update the Local List of Validation Requirements for County Matters and County Development Planning Applications, hereby referred to the as the Local List, at least every two years. If it is not revised within two years, then it cannot be used for the purposes of validating planning applications.

RECOMMENDATION:

It is RECOMMENDED that the proposed Local List of Validation Requirements 2025, as set out in Annex 1 of this report, is adopted to replace the Local List of Validation Requirements 2023, in order to meet the statutory requirement of updating the List.