Paul Tucker QC and Freddie Humphreys acted for Gallagher Estates Ltd in their successful appeal for permission for 450 dwellings on land at Heathcote, Warwick. The main issue in the case was the potential impact on the historic setting of Warwick Castle and the Castle Park. In a called in decision it was refreshing to see the Secretary of State, in line with his Inspector, take a common sense approach to the matters in agreeing with the Appellants that if there were any harm to these important heritage assets it was at the bottom end of the less than substantial scale and as such was plainly outweighed by the benefits of the provision of a significant amount of housing in a context where the Council could not demonstrate a 5 year supply.
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