®Planning appeal decision
54 Kenilworth Road, LEAMINGTON SPA, CV32 6JW
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single storey side extension and erection of replacement single storey side extension (re-submission of previously withdrawn W/19/1562) without complying with a condition attached to planning permission Ref W/20/0312, dated 10 July 2020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
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.
Plan policies cited: Policy BE1, Policy BE3
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.