®Planning appeal decision
Eathorpe Hall The Fosse, Eathorpe, Leamington Spa, CV33 9DF
Planning appeal 3354876 at Eathorpe Hall The Fosse, Eathorpe, Leamington Spa, CV33 9DF (Warwick District Council) was allowed on 13 July 2026 by Inspector Ollerenshaw M, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- CV33 9DF
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.
What the Inspector cited
- Judgments
- 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)
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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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.