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Planning appeal decision

Dismissed16 April 20266001869

The Fusilier, Sydenham Drive,, Leamington Spa, CV31 1NJ

Planning appeal 6001869 at The Fusilier, Sydenham Drive,, Leamington Spa, CV31 1NJ (Warwick District Council) was dismissed on 16 April 2026 by Inspector Fuller A, by written representations. The main issue, as the Inspector framed it: whether the proposed development would provide acceptable living conditions for future occupiers, with regard to noise from the nearby public house.

for the erection of seven apartments (C3) adjacent to the existing public house (Sui Generis) with associated parking and landscaping

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Fuller A
Postcode
CV31 1NJ

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.

What the Inspector cited

Development plan policies
Policy BE3Policy TR1
National Planning Policy Framework
Paragraph 11Paragraph 116Paragraph 117

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 applied

The decision letter

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More decisions in Warwick

The authority’s record since 2016 · every decision in 2026

  1. Allowed2 September 20266007651
    Land to the South of Harbury Lane, Warwick, CV34 7BR
  2. Allowed18 August 20266002759
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  3. Allowed15 May 20266004949
    Kenilworth Road, Old Milverton, Warwick, Warwickshire, CV32 6QS
  4. Allowed14 May 20266000932
    Land to West of Fosse Way (B4455) and to the South-East of Radford Semele, Leamington Spa, CV31 1XJ
  5. Allowed19 February 20266000994
    Land at Church Lane, Whitnash, CV31 2HH

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.