Planning appeal decision
27 Upper Cape, Warwick, CV34 5DS
Planning appeal 3271757 at 27 Upper Cape, Warwick, CV34 5DS (Warwick District Council) was dismissed on 12 November 2021 by Inspector Edwards J, following a hearing. The main issue, as the Inspector framed it: Whether the proposal would provide acceptable living conditions for its occupants having regard to the effects of noise, noise mitigation measures and artificial lighting.
demolition of existing dwelling and erection of 15 no. residential apartments and associated parking and amenity areas
- Authority
- Warwick District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Other Major Developments
- Inspector
- Edwards J
- Postcode
- CV34 5DS
Main issues, as the Inspector framed them
- Whether the proposal would provide acceptable living conditions for its occupants having regard to the effects of noise, noise mitigation measures and artificial lighting
- Whether the development would integrate effectively with the adjacent Maxi haulage depot premises
- The aforementioned planning obligations
What decided it
The proposal would not provide acceptable living conditions for future occupants due to noise, and would not integrate effectively with the adjacent Maxi haulage depot's permissible future activities.
the benefits of housing delivery, affordable housing and construction jobs attracted positive weight but were of insufficient weight to outweigh the harm from unacceptable living conditions and the failure to integrate with the adjacent haulage depot, so the balance tipped against the proposal
What the Inspector cited
- Development plan policies
- Policy BE3Policy H2Policy HS4Policy DM1
- National Planning Policy Framework
- Paragraph 130Paragraph 120
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
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What an account adds to this decision


More decisions in Warwick
The authority’s record since 2016 · every decision in 2021
- Allowed2 September 20266007651Land to the South of Harbury Lane, Warwick, CV34 7BR
- Allowed18 August 20266002759Land South of, Westwood Heath Road, Coventry, CV4 8LG
- Allowed15 May 20266004949Kenilworth Road, Old Milverton, Warwick, Warwickshire, CV32 6QS
- 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.
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