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Planning appeal decision

Notice varied and upheld16 January 20253323230

Lillington Auto Services, 126 Cubbington Road, Leamington Spa, CV32 7AH

Planning appeal 3323230 at Lillington Auto Services, 126 Cubbington Road, Leamington Spa, CV32 7AH (Warwick District Council) was allowed in part (a split decision) on 16 January 2025 by Inspector Jones L, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served.

without planning permission, removal of the roofing material and enlargement of existing building in height to create more than a single level (hereinafter known as "the breach")

Authority
Warwick District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor retail and services
Inspector
Jones L
Postcode
CV32 7AH

Main issues, as the Inspector framed them

  • Whether the enforcement notice was properly served
  • Whether the enforcement notice accurately describes the breach of planning control
  • Whether the matters alleged constitute a breach of planning control
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach

What decided it

The appellant failed to demonstrate on the balance of probabilities that the works did not constitute a breach of planning control, as the removal of roofing material and enlargement of the building constituted development for which planning permission was required and none had been granted.

The decision letter

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More decisions in Warwick

The authority’s record since 2016 · every decision in 2025

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  2. Notice varied and upheld24 August 20263371248
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  3. Quashed On Legal Grounds9 July 20263366257
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  4. Notice upheld30 March 20263212295
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  5. Notice upheld5 March 20263332237
    Hatton Arms, Birmingham Road, Hatton, Warwick, CV35 7JJ

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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