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Planning appeal decision

Allowed22 June 20266004388

Land Between 10 And 32, Birmingham Road, Whitacre Heath, B46 2EN

limited infill residential development

Authority
North Warwickshire
Appeal type
Planning
Procedure
Hearing
Development
residential
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.

Framework references: 154, 155, 143

Plan policies cited: Policy DB1, Policy LP1, Policy LP2, Policy LP3, Policy LP7, Policy LP14, Policy LP29, Policy LP30, Policy LP33, Policy HP1

Judgments cited: Gladman v SSHCLG and Lancaster City Council [2026] EWHC 51 (Admin); Mead Realisations v SSLUHC [2024] EWHC 279

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.