Planning & Development

On this page will be bits of information relating to planning rather than planning applications.

For all planning applications follow this link at Oxford City Council website

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Land Between 3 and 13 Cavendish Drive

In 1965 on 8th October Oxfordshire County Council granted planning permission to A. C. Carter (Oxford) Ltd. for the erection of 21 residential units on island site bounded by Salford, Fane and Cavendish Roads. The Local Authority file has been lost, but the copies of the Permission Document (ref.M.690/65) held by local residents state under Condition 2: The whole of the access road and parking area shown on the plan .... to be laid

out and constructed in accordance with ......... and approved by the County Council.thus indicating that the creation of a parking area was an essential condition of the planning permission.

The local authority subsequently adopted the access road but not the parking area.1966 Title Deeds issued to the purchasers of 21 plots contained a covenant under Clause 5 Schedule 1 giving the 21 purchasers:

“Full right and liberty to use the parking area so marked on the said plan in

common with all other persons on the said Estate so entitled for that purpose.”

Note: Why the developer agreed to provide parking for 21 householders free of all charge for all time is not known - perhaps the intention was that the local authority should adopt the parking area at the same time as they adopted the access road Local children have played on the land since 1966 and still continue to do so.

1966 - 2002 (36 years) Local Authorities (initially Bullingdon R.D.C., then South Oxfordshire  DC and then Oxford City Council when Old Marston was incorporated into the City) maintained the parking area free of weeds and rubbish and planted hardwood trees.For all practical purposes, it was treated as Common Land.

2001 Lorries parking illegally resulted in damage to the surface and some of the slabs were showing signs of ageing. The Parish Council raised concern that the area was in a dangerous condition. Neither the Parish Council nor the City Council asked the people who parked on the land who the owner was, but an enquiry at the Land Registry discovered that the owners were Mr R Carter and his niece Mrs de Bude, successors to

the original developer, A.C. Carter Limited, neither of whom had ever shown any interest at all in the land.

Nov. 8th Planning Permission granted to Mr Carter & Mrs de Bude for erection of 3 houses.

Nov. 30th Land offered for sale by auction with a guide price of £150,00. Estate Agent informed of legal constraints on the use of the land. Sale cancelled. Planning Permission, however, still valid until Nov. 2006.

2002 The 21 householders offered £1,000 each to give up their rights. All refused.

2005 Jan. Land sold to Cherwell Homes (Mr R. Barrett)

2006 Nov. 7th (day before Planning Permission expired) Workmen arrived on site to dig a trench. Building Control accepted this rough trench was a start of digging the foundations and as proof that implementation of the Planning Permission had commenced before the expiry (even though the trench was not in the correct position!).

2007 Jan. Householders apply to the County Court for an Order confirming their rights and preventing any building on the land. Order issued by the Court to this effect on 25th May. The Order also required that the defendant shall restore the surface of the trench.

Mr Barrett (who also owns 2a, b, c and d Salford Road) subsequently said he could not afford to repair the Parking Area unless he was allowed to build another property on what was formerly the garden of No. 2 Salford Road.

Aug. Mr Barrett, in the name of Cherwell Homes Ltd., applied for Planning Permission to build 4 flats, partly in the garden and partly (illegally) on the Parking Area. The Planning Officer rejected this.

2008 March. Submission of a Planning Application to build a bungalow, again taking in part of the Parking Area. This was also rejected.

The Prescriptions Act 1832.

 If land has been used by the public without hindrance for more than 20 years, then the right of the public to use the land cannot be taken away.  People have walked over the Parking Area to access our houses, and children have played on the area without hindrance for more than 30 years.  Building on the land would take away their rights.  However, it would involve a complicated and expensive legal process and as far as we affected householders are concerned, our proved legal rights over the land prevent any building and allow the children and others go on using it so it is better not to attempt to raise the "User Rights" issue.

(Information supplied by local resident and do not necessarily represent the views of the Parish Council)

Comment on Review of Old Marston Conservation Area 2011

The parish of Marston stretched from the Elsfield-Cherwell-Headington to St Clements boundaries. The split into Marston, Old Marston and New Marston could be made clearer, and that the conservation area is mainly Old Marston Village.

Alan Court is given as Allen Court. In another place I think it should be St Nicholas Church, not St Andrew.

The Church Hall was St Nicholas School which became a 5-14 elementary school before it became a primary school c.1947 with the senior children 11+ going to Gosford Hill Secondary.

Local names in 1940's of some places not given - Primrose Cottage was Lambourne's Cottage, Colthorpe was Grange Farm. Part of The Hazels was Yew Tree Cottage before the cottage was demolished for the granny flat.

The survey shows that many old cottages have been demolished and, in some places, more modern houses built and roads improved.

Old Marston Village grew up around the Red Lion (village green almost opposite?), The White Hart, the Church (+ The Bricklayers), the centre(?) and the Victoria Arms which became joined up as time went on. The Three Horse Shoes was a forge and later a meeting place. The RBL had a hall where the 'bathroom office' now stands, later to become part of Hayles shop.

The survey does condemn the front of the Mortimer Hall, the bus stop in front of it the chicanes, the loft windows of the houses opposite the Red Lion and other features.

There are other aspects - Mortimer Hall stands on the site of a barn petrol station. Rosebank (71 Oxford Road) appears to be glossed over, and the un-adopted part of Butts Lane is a blot on the landscape.

(Information supplied by local resident and do not necessarily represent the views of the Parish Council)

A few minor points.The treaty of Oxford wasn't signed at the site of Cromwell's house, but was negotiated there. One Notable not mentioned is Norman Heatley who lived at 12, Oxford Rd. He was an important part of the Penicillin Team' led by Florey, who is mentioned. There is a blue plaque outside the house in Oxford Rd.


(Information supplied by local resident and do not necessarily represent the views of the Parish Council)

Old bridge at Town End.  The location of both are now unknown, though I guess the focus of settlement around the Red Lion is Town End and the bridge probably in the vicinity of Cherwell Drive where Oxford Road crosses the brook. The requirement to keep up the bridge would have gone with the need to keep up the roads which would have been transferred to the highways authorities at the end of the 19th century (Rural District Council – then South Oxfordshire District Council – then Oxfordshire County Council although this will need to be verified).

(Information supplied by local resident and do not necessarily represent the views of the Parish Council)

I have over time had requests from Horseman Close about parking on the stretch leading into Marsh Lane – often on Saturday mornings where cars linked to Saints football have been identified as creating a nuisance to residents.  Also the top of Ashlong is another place where commuter cars seem to get on resident’s nerves especially when parked across the pedestrian pathways through the grass verge.  This scheme seems to handle both problems so will, in my view, help local residents with a couple of frequent concerns.

County Councillor Roy Darke

(Information supplied does not necessarily represent the views of the Parish Council)

Links to Other History Pages

History and Timeline of Marston; Geography of Old Marston; Archive News and Links; Maps; Street Names - the origin and meaning behind the names of Marston’s streets; St Nicholas Parish Church; Marston School History; History of Parish Council, Old Marston Charities Trust History; Old Marston Library Archives; Highways, Transport, Traffic and Parking; Medieval Marston; 1500s in Old Marston; 1600s in Old Marston; 1700s in Old Marston; 1800s in Old Marston; 1900s in Old Marston; Bell Ringers; Mill Lane Allotments; Mortimer Hall History; Planning and Development Archives; Other History Links.

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