®Planning appeal decision
The Fusilier, Sydenham Drive,, Leamington Spa, CV31 1NJ
for the erection of seven apartments (C3) adjacent to the existing public house (Sui Generis) with associated parking and landscaping
- Authority
- Warwick District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Fuller A
Main issues, as the Inspector framed them
- whether the proposed development would provide acceptable living conditions for future occupiers, with regard to noise from the nearby public house
- the effect of the proposed development on highway safety
What decided it
The unacceptable living conditions arising from noise exposure during late-night hours when residents would expect to sleep, combined with unsafe and unattractive pedestrian access routes, mean the adverse impacts significantly and demonstrably outweigh the limited housing benefits even under the tilted balance.
The benefits of housing supply in a district with serious shortfall (2.34 years) were outweighed by the significant adverse impacts on living conditions and highway safety; the tilted balance under paragraph 11(d) did not apply because the harms significantly and demonstrably outweighed the benefits.
Framework references: 11, 116, 117
Plan policies cited: Policy BE3, Policy TR1
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.