Planning appeal decision
Land Between 10 And 32, Birmingham Road, Whitacre Heath, B46 2EN
Planning appeal 6004388 at Land Between 10 And 32, Birmingham Road, Whitacre Heath, B46 2EN (North Warwickshire) was allowed on 22 June 2026 by Inspector K Townend, following a hearing. The main issue, as the Inspector framed it: whether the site is suitable having regard to the National Planning Policy Framework which seeks to steer new development away from areas at the highest risk of flooding.
limited infill residential development
- Authority
- North Warwickshire
- Appeal type
- Planning
- Procedure
- Hearing
- Development
- residential
- Inspector
- K Townend
- Postcode
- B46 2EN
Main issues, as the Inspector framed them
- whether the site is suitable having regard to the National Planning Policy Framework which seeks to steer new development away from areas at the highest risk of flooding
- whether the site is suitable for residential development, having regard to its location, the proposed land use, and the amount of development, with particular regard to its relationship to the existing settlement
- whether the proposal would be inappropriate development in the Green Belt, having regard to the Framework and any relevant development plan policies
- whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal
What decided it
The significant shortfall in the Council's five-year housing land supply meant that the identified conflicts with the development plan did not significantly and demonstrably outweigh the benefits of the housing proposed.
Considerable weight to conflict with the development plan as a whole and significant weight to conflict with flood risk policies LP29/LP33 were outweighed, together with only limited weight given to conflict with Policy LP3, by significant weight afforded to the provision of new housing and associated benefits given the housing land supply shortfall, tipping the balance in favour of allowing the appeal.
What the Inspector cited
- Development plan policies
- Policy DB1Policy LP1Policy LP2Policy LP3Policy LP7Policy LP14Policy LP29Policy LP30Policy LP33Policy HP1
- National Planning Policy Framework
- Paragraph 154Paragraph 155Paragraph 143
- Judgments
- Gladman v SSHCLG and Lancaster City Council [2026] EWHC 51 (Admin); Mead Realisations v SSLUHC [2024] EWHC 279
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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More decisions in North Warwickshire
The authority’s record since 2016 · every decision in 2026
- Dismissed3 August 20266010427Land Opposite Quarry House, Nuneaton Road, Furnace End, Coleshill, B46 2NG
- Dismissed30 July 20266009798Land 120m North East of Ridley House, Ridley Lane, Nether Whitacre, B46 2DH
- Allowed11 March 20263368956Dunton Stables Equine Centre, Bodymoor Heath Lane, Bodymoor Heath, Kingsbury, Warwickshire, B76 0EQ
- Allowed5 March 20263371147Land North West of Newton Regis Village Hall, Austrey Lane, Newton Regis, Warwickshire, B79 0NP
- Allowed29 January 20266001004Cliff Meadows, Tamworth Road, Kingsbury, B78 2DS
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.
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