®Planning appeal decision
125, 127, 129, 131, 133 Promenade, Cheltenham, GL50 1NW
Planning appeal 3338516 at 125, 127, 129, 131, 133 Promenade, Cheltenham, GL50 1NW (Cheltenham Borough Council) was allowed in part (a split decision) on 28 July 2026 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: The effect of the marquees on the special interest of the adjacent listed buildings, with particular regard to their setting.
without planning permission, the retention of all marquees at 125, 127, 129, 131, and 133 Promenade, Cheltenham, Gloucestershire and associated fittings and chattels that facilitate the use of the marquees; the retention of the said marquees was refused permission under planning application 22/01373/FUL and the subsequent planning appeal to the Planning Inspectorate ref APP/B1605/W/23/3314132 was dismissed. A further application for planning permission under reference 23/01597/FUL has also been refused
- Authority
- Cheltenham Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Jones R
Main issues, as the Inspector framed them
- The effect of the marquees on the special interest of the adjacent listed buildings, with particular regard to their setting
- Whether the marquees preserve or enhance the character or appearance of the Central Conservation Area
What decided it
The significant harm to the setting of Grade II* and Grade II listed buildings and the conservation area, which outweighed the economic benefits of the marquees given the availability of less harmful alternative outdoor dining and drinking facilities.
The economic benefits to the hospitality business and town centre vitality were outweighed by the less than substantial but significant harm to the setting of Grade II* and Grade II listed buildings and the character and appearance of the conservation area, particularly given the availability of less harmful alternatives.
What the Inspector cited
- Development plan policies
- CS Strategic Objective 1CS Strategic Objective 2CS Policy SD1CS Policy SD8CS Policy SD4Policy D1 of the Cheltenham Plan
- National Planning Policy Framework
- Paragraph 212Paragraph 213Paragraph 215Paragraph 85Paragraph 90
- Judgments
- R v Wicks [1997] JPL 1049; Miller-Mead v MHL [1963] 2 WLR 225; Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; R (oao Banghard) v Bedford BC [2017] EWHC 2391 (Admin); Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314
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
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With an account
What an account adds to this decision
More decisions in Cheltenham Borough Council
The authority’s record since 2016 · every decision in 2026
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- Notice upheld26 January 20223284424Land at 156 Hesters Way Road, Cheltenham, Gloucestershire, GL51 0RY
- Notice varied and upheld19 January 2022328354211 Welland Drive, Cheltenham, GL52 3HA
- Notice varied and upheld19 January 2022328354111 Welland Drive, Cheltenham, GL52 3HA
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.