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Planning appeal decision

Dismissed3 February 20233307971

89-91, Main Road, Austrey, Warwickshire, CV9 3EG

Planning appeal 3307971 at 89-91, Main Road, Austrey, Warwickshire, CV9 3EG (North Warwickshire Borough Council) was dismissed on 3 February 2023 by Inspector Edwards J, by written representations. The main issue, as the Inspector framed it: Whether the disputed condition is necessary to ensure satisfactory living conditions for occupiers of neighbouring properties, particularly when having regard to the noise and other effects of traffic.

alterations and extensions to house including redesign of swimming pool and conservatory as previously approved without complying with a condition attached to planning permission Ref PAUSAV/0602/96/FAP, dated 14 August 1996

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Edwards J
Postcode
CV9 3EG

Main issues, as the Inspector framed them

  • Whether the disputed condition is necessary to ensure satisfactory living conditions for occupiers of neighbouring properties, particularly when having regard to the noise and other effects of traffic
  • Whether the disputed condition is necessary in the interests of highway and pedestrian safety

What decided it

The significant and unacceptable increase in traffic noise affecting neighbouring residential properties, combined with unacceptable harm to highway and pedestrian safety from intensified use of a narrow, single-width access track, outweighed the community and health benefits of the proposed swimming lessons.

What the Inspector cited

Development plan policies
LP29 part 9LP29 part 6

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.

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The decision letter

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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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