Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed1 September 20233318317

8 Clarendon Crescent, LEAMINGTON SPA, CV32 5NR

Authority
Warwick District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Thompson P

Main issues, as the Inspector framed them

  • whether the proposal would preserve a Grade II listed building, known as 'Number 8 and attached railings', and any features of special historic interest that it possesses
  • the extent to which it would preserve or enhance the character or appearance of the Leamington Spa Conservation Area

What decided it

The less than substantial harm to the significance of the Grade II listed building, attracting great weight and considerable importance, was not outweighed by the public benefits of the scheme.

the considerable public benefits from climate change/energy efficiency measures and other limited benefits were outweighed by the great weight given to conservation of the listed building and the considerable weight given to the less than substantial harm identified, tipping the balance against the proposal

Framework references: 130, 197, 199, 200, 202

Plan policies cited: Policy HE1, Policy BE1, Policy BE3, Policy CC1, Policy CC2, Policy DS3, Policy DS4, Policy SC0, Policy RLS3, Policy RS2, Policy NZC3, Policy NZC4

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]; City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors [2021] EWCA Civ 320; R (McLennan) v Medway Council [2019] EWHC 1738; Palmer v Herefordshire Council & Another [2016] EWCA Civ 1061

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.