®Planning appeal decision
Eathorpe Hall The Fosse, Eathorpe, LEAMINGTON SPA, CV33 9DF
described on the application form as ‘proposed erection of a set of gates, railings and brick piers
- Authority
- Warwick District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Ollerenshaw M
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, having particular regard to whether the proposed development would have been lawful if begun on the date of the application
What decided it
The physical remoteness of the proposal site from the listed building (94 metres away), combined with lack of intervisibility and the woodland character of the location, meant the land was not intimately associated with the building and therefore fell outside its curtilage, making the development permitted under the GPDO.
Judgments cited: HM Attorney-General ex rel Sutcliffe & Rouse & Hughes v Calderdale BC [1983] JPL 310; Methuen-Campbell v Walters [1979] 1 QB 525; Dyer v Dorset CC [1988] 3 WLR 213; Skerritts of Nottingham Ltd v SSETR (No. 1) [2000] EWCA Civ 60; Lowe v First Secretary of State [2003] EWHC 537 (Admin)
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.