54 Kenilworth Road, Leamington Spa, CV32 6JW

Planning appeal 3355431 at 54 Kenilworth Road, Leamington Spa, CV32 6JW (Warwick District Council) was dismissed on 30 January 2025 by Inspector Edwards J, by written representations. The main issue, as the Inspector framed it: Whether section 73 of the Act allows the development allowed by the original permission to be subject to a planning condition that requires the works to be carried out in accordance with revised drawings.

proposed conversion from single dwelling to form 5no. 1 bedroom and 3no. 2 bedroom apartments. Demolition of existing single storey side extension and erection of replacement single storey side extension (re-submission of previously withdrawn W/19/1562) without complying with a condition attached to planning permission Ref W/20/0312, dated 10 July 2020

Authority: Warwick District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Edwards J
Postcode: CV32 6JW

Main issues, as the Inspector framed them

Whether section 73 of the Act allows the development allowed by the original permission to be subject to a planning condition that requires the works to be carried out in accordance with revised drawings

What decided it

The revised drawings show significant additional elements (fire escape and rear conservatory) not referred to in the operative part of the original permission, which would create a disparity prohibited by the Finney judgement and cannot be addressed through a section 73 application.

What the Inspector cited

Development plan policies: Policy BE1Policy BE3

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2025

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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.