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Legal Opinion

Summary - full document below

Strong National Landscape Protection

Landscape Harm Is Not Avoided by “Low Visibility”

Landscape Harm Is Not Avoided by “Low Visibility”

  •  The site lies within the Cotswold National Landscape (AONB), giving it special protection under NPPF 2024 Policy 190. 
  • Major development in a National Landscape is only allowed in exceptional circumstances and where in the public interest—a very high threshold rarely met. 
  • Inspectors have consistently refused similar developments in West Oxfordshire.

Landscape Harm Is Not Avoided by “Low Visibility”

Landscape Harm Is Not Avoided by “Low Visibility”

Landscape Harm Is Not Avoided by “Low Visibility”

  •  Arguments that housing is acceptable because it is “not visible from the A40” are invalid. 
  • The entire National Landscape is protected, not just the visible parts. 
  • Proximity to the Burford Conservation Area, ancient woodland, and Grade I listed Priory House increases sensitivity of this site to development.

Burford Has No Housing Quota

Landscape Harm Is Not Avoided by “Low Visibility”

The Site Is Not Already Allocated

  •  Burford is not required to take a fixed number of houses. 
  • Its setting within the National Landscape means only limited development is appropriate. 
  • Significant recent growth (e.g., Cotswold Gate) already contributes to local housing supply.

The Site Is Not Already Allocated

Allocation Cannot Secure a Town Car Park

The Site Is Not Already Allocated

  •  Sheep Street is not in the adopted Local Plan 2031. 
  • It is a new proposed site in the draft Local Plan 2043 and currently under consultation. 
  • Allocation is not a done deal; residents can still influence the outcome.

Allocation Cannot Secure a Town Car Park

Allocation Cannot Secure a Town Car Park

Allocation Cannot Secure a Town Car Park

  •  It is unlawful to attach unrelated conditions (e.g., a car/coach park) to a housing allocation. 
  • Any “promises” by landowners/developers at this stage would be unenforceable. 
  • Car-parking discussions must remain separate from the housing proposal.

Resident Comments Are Crucial

Allocation Cannot Secure a Town Car Park

Allocation Cannot Secure a Town Car Park

  •  Claims that people should “wait for a planning application” or rely on the Town Council are misleading. 
  • Public comments submitted now are a major part of the democratic process. 
  • Individual objections do carry weight and must be considered by WODC.

Policy Alignment Needed

Policy Alignment Needed

Policy Alignment Needed

 Many residents urge WODC to mirror NPPF Policy 190 in the Local Plan to ensure consistent and full protection of the Cotswold National Landscape. 

Protecting Our Heritage

Sheep Street Burford Legal Planning Notes 24 November (pdf)

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