Land fronting Red Lane Burton Green, Burton Green, Kenilworth, CV8 1PB

the erection of dwelling and associated garage

Authority: Warwick District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Hitchcock R

Main issues, as the Inspector framed them

whether the proposal would be inappropriate development within the Green Belt for the purposes of the Framework and the relevant development plan policy
the effect of the proposal on the character and appearance of the locality with particular regard to the Ancient Arden landscape character
the effects on the ecological value of the site
whether or not the location provides a suitable location for new housing
if the development is inappropriate, whether the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The site presents as part of the characteristic linear distribution of built development in the locality and constitutes limited infilling within a village for the purposes of Framework paragraph 149(e), thereby not requiring very special circumstances to justify the development.

Framework references: 11, 13, 149

Plan policies cited: Policy DS18, Policy H11, Policy H1, Policy NE4, Policy NE2, Policy NE3

Judgments cited: Julian Wood v The Secretary of State for Communities and Local Government, Gravesham Borough Council [2015] EWCA Civ 195

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.