Land south of Harbury Lane and east of Vickers Way, Heathcote, Warwick

appeal 6007651·Warwick·2 September 2026allowed
Decision
allowed, 2 September 2026
Decided by
Planning Inspector: Bhupinder Thandi
Authority
Warwick (West Midlands)
Appeal reference
6007651
Application reference
W24/1099
Procedure
inquiry
Development
Retirement living apartments (McCarthy and Stone) with access, parking, landscaping and ancillary facilities, with no affordable housing or infrastructure contributions on viability grounds
Site context
inside settlement, settlement edge
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
s38(6), DM5
Development plan policies
Warwick District Local Plan 2017 DM1, DM2, BE3, NZC3
Main issues
viability and infrastructure contributions; noise for future occupiers

Summary

McCarthy and Stone retirement apartments in the Heathcote urban extension, Warwick, with no affordable housing or infrastructure contributions. Allowed after an inquiry. Both the appellant's viability assessment and the council's independent review showed a deficit, so nil contributions were justified under local policy DM2. Updated facade noise monitoring and mitigation (acoustic barrier, glazing, MVHR) gave acceptable living conditions. The council withdrew both reasons for refusal before the inquiry.

Issues and findings

Planning balance

Plan-led. Accordance with DM1, DM2 and BE3. Benefits were listed (older persons' need, jobs, net zero, BNG) but no weights were assigned. No Framework policy is cited by code.

What made the difference

Viability agreed between the experts, and noise evidence refreshed at the facade. An 18-month "shelf life" for noise surveys was mentioned at the inquiry (DL ¶17). Once the council withdrew its objections the outcome followed. This is a nearby authority (Warwick) accepting nil contributions for specialist older persons' housing on viability evidence.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
DM2 (Warwick DLP)accordappellant FVA shows RLV ~£0.168m against BLV ~£0.435m (deficit ~£0.267m); council's independent review agrees no surplus; nil contributions justified (DL 7-14); DM5 (Framework viability) mapped by harvester — letter does not cite it
BE3 (Warwick DLP)accordupdated facade noise monitoring; acoustic barrier, acoustic glazing and MVHR bring ground floor and amenity areas within limits; upper floors "adverse" not "significant adverse" (DL 16-22); P3(2)(a) equivalent, not cited
HO5benefitevidenced local need and shortfall for older persons' housing (Coventry and Warwickshire SHMA 2013, HEDNA 2022) (DL 23-24); no weight stated; code mapped by harvester
E2neutralextant office permission was for a specific end-user who has moved; no certainty of employment use (DL 26); code mapped by harvester

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.