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Planning appeal decision

Allowed7 July 20233308144

Land at Stratford Business Park, Banbury Road , Stratford Upon Avon, Warwickshire, CV37 7GY

Planning appeal 3308144 at Land at Stratford Business Park, Banbury Road , Stratford Upon Avon, Warwickshire, CV37 7GY (Stratford-on-Avon District Council) was allowed on 7 July 2023 by Inspector Smith H, by written representations. The main issue, as the Inspector framed it: Whether varying condition 2 would be acceptable, having particular regard to the proposed removal of the bus turning facility and whether its removal would be unacceptable in terms of access by public transport.

erection of 62 no. dwellings (Use Class C3) with means of site access from Stratford Business and Technology Park onto Banbury Road including amenity space and all other necessary ancillary and enabling works’ without complying with a condition attached to planning permission Ref 20/02665/FUL, dated 23 September 2020

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Smith H
Postcode
CV37 7GY

Main issues, as the Inspector framed them

  • Whether varying condition 2 would be acceptable, having particular regard to the proposed removal of the bus turning facility and whether its removal would be unacceptable in terms of access by public transport

What decided it

The bus turning facility was not secured through S106 funding for a dedicated service, and bus service number 4 has not been re-routed to serve the site with no funding available, making it unreasonable to require the facility when the site would still benefit from improved public transport access via existing services.

What the Inspector cited

Development plan policies
Policy CS.1Policy CS.26
National Planning Policy Framework
Paragraph 104Paragraph 106Paragraph 110Paragraph 135

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 Stratford-on-Avon

The authority’s record since 2016 · every decision in 2023

  1. Allowed13 July 20266002929
    Land South of Junction 12, M40, Gaydon, CV35 0HF
  2. Dismissed20 March 20263371351
    Bridge House, 3 Timothy's Bridge Road, Stratford Enterprise Park, Stratford Upon Avon, Warwickshire, CV37 9NQ
  3. Allowed20 March 20263370345
    5 Timothy's Bridge Road, Stratford Enterprise Park, Stratford Upon Avon, Warwickshire, CV37 9NQ
  4. Allowed5 March 20263372268
    General Site, Bards Walk, Stratford-Upon-Avon, Warwickshire, CV37 6EY
  5. Allowed9 December 20253363886
    Land Rear of Box Tree Cottage, Goldicote Road, Loxley, Warwickshire, CV35 9JT

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.