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Allowed6 September 20213264803

Land on the North Side of Birmingham Road, Hatton, CV35 7DZ

Planning appeal 3264803 at Land on the North Side of Birmingham Road, Hatton, CV35 7DZ (Warwick District Council) was allowed on 6 September 2021 by Inspector Thandi B, following a hearing. The main issue, as the Inspector framed it: Whether the removal of the footpath/cycle link would result in an unsustainable form of development with regard to social cohesion and accessibility to local services and facilities.

Application for Variation of Condition 2 (approved plans) and Condition 14 (Access Layout) and Removal of Condition 10 (Provision of Footpath/Cycle link) of planning permission W/19/0933 without complying with conditions attached to planning permission Ref W/19/0933, dated 19 February 2020, for 150 dwellings (Class C3); new vehicular access from Birmingham Road: new temporary vehicular access for sales and construction from Birmingham Road; and associated works

Authority
Warwick District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Thandi B

Main issues, as the Inspector framed them

  • Whether the removal of the footpath/cycle link would result in an unsustainable form of development with regard to social cohesion and accessibility to local services and facilities.

What decided it

The Inspector found that suitable alternative pedestrian/cycle routes existed and that highway improvements secured by the unilateral undertaking meant the loss of the direct footpath/cycle link would not create an unsustainable or socially isolated form of development.

the Inspector found no unacceptable harm to social cohesion, accessibility or highway safety from removal of the link, and that other matters raised did not outweigh or alter this conclusion, so the appeal succeeded

What the Inspector cited

Development plan policies
Policy BE1Policy BE3Policy SC0Policy TR1

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Warwick

The authority’s record since 2016 · every decision in 2021

  1. Dismissed28 September 20266011601
    Quince Cottage, 4 The Bank, Stoneleigh, CV8 3DA
  2. Dismissed23 September 20266006637
    Land off Oakdene Crescent, Hatton, Warwick, CV35 7BN
  3. Quashed On Legal Grounds21 September 20263372335
    Land to South West of Providence Lodge, Bakers Lane, Knowle, Solihull, B93 8PT
  4. Allowed2 September 20266007651
    Land to the South of Harbury Lane, Warwick, CV34 7BR
  5. Notice varied and upheld24 August 20263371248
    Worms Seven Farm, Plot 2, Bakers Lane, Knowle, Solihull, B93 8PT

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.