Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed9 October 20233320951

Edkins Park, 125a Aston Cantlow Road, Wilmcote, Warwickshire, CV39 9XP

Planning appeal 3320951 at Edkins Park, 125a Aston Cantlow Road, Wilmcote, Warwickshire, CV39 9XP (Stratford-on-Avon District Council) was dismissed on 9 October 2023 by Inspector Boffin D, following a hearing. The main issue, as the Inspector framed it: The main issue is whether the Council’s decision to refuse to grant the LDC was well-founded.

the existing use of the entire site (4.5 acres) as a caravan site in accordance with planning permission ref 63/5/8

Authority
Stratford-on-Avon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Boffin D
Postcode
CV37 9XP

Main issues, as the Inspector framed them

  • The main issue is whether the Council’s decision to refuse to grant the LDC was well-founded.

What decided it

On the balance of probabilities, the application site for the 1963 permission was found to cover only the south-western part of the site bounded by the '1963 Line', not the entire 4.5 acres as claimed in the LDC application.

What the Inspector cited

National Planning Policy Framework
Paragraph 56
Judgments
Swalecliffe Chalet Owners’ Association v First Secretary of State [2004] EWHC 2666 (Admin); Williams-Denton v Watford Rural District Council [1963] 15 P. & C.R. 11; R v Axbridge Rural District Council ex parte Wormald [1964] 1 W.L.R. 442

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Stratford-on-Avon

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

  1. Dismissed29 June 20266005565
    Brookfields Barn, Stratford Road, Bidford-on-Avon, B50 4LU
  2. Notice varied and upheld19 May 20263358965
    Alne Park Park Lane, Great Alne, Alcester, B49 6HS
  3. Notice upheld12 March 20263359453
    Tyburn Cottage Tithe Barn Lane, Hockley Heath, Solihull, B94 5DJ
  4. Dismissed2 January 20263366311
    The Birches, Temple Grafton, Alcester, B49 6NX
  5. Quashed On Legal Grounds2 December 20253329159
    Wood View, 177, Binton, Stratford-Upon-Avon, CV37 9TF

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.