®Planning appeal decision
Land south of Chesterton Gardens, Leamington Spa, CV31 1AZ
an outline planning application for a residential development of up to 200 dwellings with associated access, landscaping and public open space (all matters reserved apart from access)
- Authority
- Warwick District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Stephens H
Main issues, as the Inspector framed them
- Whether the provision of a single vehicular access to the site would be detrimental to the safety of pedestrians, cyclists and drivers
- Whether the provision of single vehicular access to the development would provide acceptable living conditions for existing and future occupants, with particular reference to noise and disturbance
What decided it
The proposal's overall accordance with the up-to-date development plan, combined with unchallenged expert evidence that the single access was safe and noise impacts could be satisfactorily mitigated, meant there were no material considerations to outweigh the significant housing benefits.
The significant benefits of the scheme, particularly market and affordable housing provision together with economic and environmental benefits, outweighed only limited impacts, and as the proposal accorded with the up-to-date development plan it fell to be approved without delay under NPPF paragraph 11c.
Framework references: 11, 55, 56, 57, 81, 111, 174, 185
Plan policies cited: Policy H1, Policy DS11, Policy TR1, Policy BE3, Policy W6, Policy W7, Policy DS3, SC0, NE3, Policy CC1, Policy FW1, Policy FW2, Policy W15, Policy W16, Policy W17
Judgments cited: N Wiltshire DC v SSE (1993) 65 P. & C.R. 137; Cherkley Campaign Ltd v Mole Valley Dc [2014] EWCA Civ 567; R (oao RLT Built Environment Limited) -v- The Cornwall Council [2016] EWHC 2817 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.