28th May 2019

28th May 2019


On behalf of our Clients, William Morrison (Cheltenham) Ltd and The Trustees of the Carmelite Charitable Trust, an appeal was submitted to the Planning Inspectorate on 24th April 2019 against the refusal of Cheltenham Borough Council on 22nd March 2019 to grant planning permission for application reference 18/02171/OUT. The reference for this appeal is APP/B1605/W/19/3227293.

On 9th April 2019 the Examining Inspector to the emerging Cheltenham Borough Local Plan 2011 – 2031 issued a Post-Hearing Advice Note. A link to an extract from the Examining Inspector’s Note – namely the Introduction and paragraphs 20 – 23, which relate specifically to the appeal site (Site HD4) – can be found on this webpage.

In response, the Appellants have today submitted a request to the appointed appeal Inspector for the decision to be formed on the basis of an amended site layout plan. The reason for seeking this ‘Wheatcroft’ amendment is derived from the considerations of the Examining Inspector. The amended layout has been prepared particularly in response to the content of paragraph 22 of the Examining Inspector’s Advice Note – and a link to the layout plan (Dwg No. PL005 Rev D) can be found on this webpage.

The changes to the layout on which the application determination was made (Dwg No. PL005 Rev A) are as follows:

  • Housing development has been set back from the site boundary with Ashley Manor and Charlton Manor – resulting in an amended site layout and the number of dwellings being reduce from 69 to 68.
  • The parking spaces for units 59 – 64 (shows units 60 – 65 on Dwg No.PL005 Rev A) have been reconfigured.

Other drawings have been amended in order to accord with the revised layout, namely:

  • Dwg No. PL004 Rev A Proposed Block Plan
  • Dwg No. PL006 Rev A Indicative Mass Building Plan
  • Dwg No. PL007 Rev A Affordable Housing Distribution
  • Dwg No. PL010 Rev A Indicative Street Scenes
  • Dwg No. PL011 Rev A Indicative Street Scene
  • Dwg No. PL014 Rev A Nolli Plan
  • Dwg No. 19073.101 Landscape Strategy
  • Dwg No. 38-1036.03-B Tree Protection Plan

Technical and environmental Addendum Notes have also been prepared in response to the amended proposed site layout. Links to all the drawings and documents pertaining to the amended proposal are available on this webpage.

It is a matter to the Inspector appointed to determine whether the requested amendment is accepted.

Independent solicitors have been appointed to receive any representations by post or email. The solicitors have had no prior involvement with the proposals on this land. The contact details are as follows:

Ms R Mushing
Planning Solicitor
Wright Hassall
Olympus Avenue
Leamington Spa
CV34 6BF


Ms Mushing will, following the 21 days, issue all representations to the Planning Inspectorate, Cheltenham Borough Council, the Appellants and any Rule 6 Party.

In addition to this webpage, correspondence has been sent to all Consultees and residents notified by Cheltenham Borough Council of the original application and to any persons who made representations to the original application; Site Notices are being displayed and a Public Notice will appear in the 30th May 2019 edition of The Gloucestershire Echo.

A hard copy of the layout plan, Design and Access Addendum Note and Addendum Notes to the environmental and technical reports is available in the Cheltenham Borough Council Municipal Offices at the address below for public inspection:

Cheltenham Borough Council
Municipal Offices
GL50 9SA

Hard copies of the documents are available upon request from Frampton Town Planning (01295 672310 peter.frampton@framptons-planning.com) – the cost can be provided upon application.

If you have any comments on the amended layout, please submit these to Ms Mushing by 18th June 2019.