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Notice varied and upheld11 April 20233305384

Oaktrees, The Cumsey, Pinley Green, Warwick, CV35 8LU

Planning appeal 3305384 at Oaktrees, The Cumsey, Pinley Green, Warwick, CV35 8LU (Warwick District Council) was allowed in part (a split decision) on 11 April 2023 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control constitutes inappropriate development in the Green Belt, having regard to the development plan and the National Planning Policy Framework.

Without planning permission, the erection of a second-floor extension

Authority
Warwick District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Boffin D
Postcode
CV35 8LU

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control constitutes inappropriate development in the Green Belt, having regard to the development plan and the National Planning Policy Framework
  • If the alleged breach of planning control constitutes inappropriate development in the Green Belt its effect on the openness and purposes of the Green Belt
  • The effect of the alleged breach of planning control on the character and appearance of the surrounding area and the host building
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. If so, whether this amounts to the very special circumstances required to justify the alleged breach of planning control

What decided it

The dormer constitutes inappropriate development in the Green Belt that is not clearly outweighed by other considerations, and no very special circumstances exist to justify it.

What the Inspector cited

Development plan policies
Policy DS18Policy H14Policy BE1
National Planning Policy Framework
Paragraph 137Paragraph 148Paragraph 149Paragraph 219

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 2023

  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. Notice varied and upheld24 August 20263371248
    Worms Seven Farm, Plot 2, Bakers Lane, Knowle, Solihull, B93 8PT
  5. Allowed27 July 20266004371
    South Side, Wharf Lane, Lapworth, B94 6NR

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.