- Decision
- dismissed, 4 September 2026
- Decided by
- Planning Inspector: Alexander O'Doherty
- Authority
- Vale of White Horse (South East)
- Appeal reference
- 6008736
- Application reference
- P26/V0142/HH
- Procedure
- householder
- Development
- Rear part single/part two-storey extension, glazed garden link and conversion of outbuilding (non-determination)
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- Vale LP CP46
- Development plan policies
- Vale of White Horse Local Plan 2031 Part 1 CP46
- Main issues
- protected species
Summary
A householder non-determination appeal was dismissed because no bat or badger surveys had been provided. The Council's ecologist identified a reasonable likelihood of both species, and the appellant's lay observations could not rebut this (DL ¶¶15–30). The Inspector said the new Framework "does not raise any new matters which are determinative" (DL ¶11).
What made the difference
The appellant had no qualified ecologist to answer the Council's expert assessment. Circular 06/2005 says surveys should be left to conditions only "in exceptional circumstances", and none were shown (DL ¶31).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| Vale LP CP46 | conflict | significant | reasonable likelihood of bats (lifted slates, wall holes) and badgers; no surveys; Circular 06/2005 — surveys only left to condition in exceptional circumstances (DL 22-32) |
| N2(2) | fail | Framework said to raise no new determinative matters (DL 11); decided under Circular 06/2005 and CP46 |
Key facts
- Early Georgian house; Council Senior Ecology Officer assessed photographs; appellant had no ecologist
- Badger setts may extend 30 m laterally; vegetation cleared since 2024
- Benefits "mainly private in nature" (DL 35)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.