®Planning appeal decision
15 South Terrace, Whitnash, Leamington Spa, CV31 2HY
Planning appeal 3332727 at 15 South Terrace, Whitnash, Leamington Spa, CV31 2HY (Warwick District Council) was allowed on 25 February 2025 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the use of the roof terrace as an amenity space and the installation of the balustrade constitute lawful development.
Appeal A: Certificate of Lawful Development for use of roof terrace and installation of balustrade. Appeal B: Erection of balustrade around existing flat roof rear projection (Retrospective).
- Authority
- Warwick District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Not Applicable
- Inspector
- Whalley J
- Postcode
- CV31 2HY
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.
What the Inspector cited
- Development plan policies
- Warwick District Local Plan policy BE3Whitnash Neighbourhood Plan Policy W4
- National Planning Policy Framework
- Paragraph 199
- Judgments
- R (on the application of Nisbet) v SSCLG [2014] EWHC 1202
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 appliedThe 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.
With an account
What an account adds to this decision
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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.