®Planning appeal decision
Land South of Chesterton Gardens, Leamington Spa, CV31 1AZ
Planning appeal 3270663 at Land South of Chesterton Gardens, Leamington Spa, CV31 1AZ (Warwick District Council) was allowed on 12 August 2021 by Inspector Stephens H, following an inquiry. The main issue, as the Inspector framed it: Whether the provision of a single vehicular access to the site would be detrimental to the safety of pedestrians, cyclists and drivers.
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.
What the Inspector cited
- Development plan policies
- Policy H1Policy DS11Policy TR1Policy BE3Policy W6Policy W7Policy DS3SC0NE3Policy CC1Policy FW1Policy FW2Policy W15Policy W16Policy W17
- National Planning Policy Framework
- Paragraph 11Paragraph 55Paragraph 56Paragraph 57Paragraph 81Paragraph 111Paragraph 174Paragraph 185
- Judgments
- 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)
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Warwick
The authority’s record since 2016 · every decision in 2021
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- Allowed14 May 20266000932Land to West of Fosse Way (B4455) and to the South-East of Radford Semele, Leamington Spa, CV31 1XJ
- Dismissed16 April 20266001869The Fusilier, Sydenham Drive,, Leamington Spa, CV31 1NJ
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.