®Planning appeal decision
15 South Terrace, Whitnash, LEAMINGTON SPA, CV31 2HY
- Authority
- Warwick District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Not Applicable
- Inspector
- Whalley J
Main issues, as the Inspector framed them
- Appeal A: Whether the use of the roof terrace as an amenity space and the installation of the balustrade constitute lawful development.
- Appeal B: Whether planning permission should be granted for retention of the balustrade, having regard to conservation area status and residential amenity.
What decided it
The balustrade's intrusive appearance and dominance of the outshot fails to preserve or enhance the character of the conservation area, and the balustrade facilitates overlooking of close neighbours contrary to residential amenity standards.
The lawfulness of the roof terrace use was balanced against the need for planning permission for the balustrade; the balustrade's conservation area harm and amenity impact outweighed any benefit from facilitating safe use of the terrace.
Framework references: 199
Plan policies cited: Warwick District Local Plan policy BE3, Whitnash Neighbourhood Plan Policy W4
Judgments cited: R (on the application of Nisbet) v SSCLG [2014] EWHC 1202
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.