The developer behind controversial plans to build a five-storey block of flats on Talisman Square has lodged an appeal to try and force through the application.

Landowner Cobalt Estates was told last October it could not turn the town centre car park into 43 flats and two shops, with councillors labelling the scheme "boring, bland and soulless".

A previous scheme to build student accommodation and retail units had already been granted permission but the build did not go ahead "due to the changing commercial landscape".

And now Cobalt - which has since forced volunteers to remove the community garden from Talisman Square - has appealed the council's decision.

"After analysing the refused scheme, we conclude that although the scheme is taller than the surrounding buildings, it is largely contained within the urban block, thus minimizing its visual impact," the appeal documents state.

"In the vast majority of the analysed views the scheme has no impact.

"In fact, the most crucial views - those along Warwick Road, views from the conservation area and those including the listed building, the Scheme has no discernible impact whatsoever.

"Only along Station Road, and particularly in one incidental and transitional view, does the scheme appear more prominent.

"However, this effect is very limited due to the curvature of the street and is acceptable.

"The scheme successfully restores this street frontage, revitalising the street and bringing it back to life within the town."

An artist's impression of the proposed flats (image via planning application)

When the application was refused in October, councillors raised a number of issues but chief among them were the design of the development and parking concerns.

At the time Cllr Richard Dickson noted sections of the Warwick District Council's local plan that calls on developments to be "imaginative" and "respect the surroundings".

He questioned how those criteria had been met and said: "It seems to me that what we have in front of us is a five-storey building that, to put it frankly, is boring, bland and soulless."

Cllr Dickson also said there would be fewer than half of the ideal number of parking spaces – 35 instead of 84 – to serve the development, with 14 of those not directly linked to the site itself.

Since the plans were refused, Cobalt has forced volunteers to remove the community garden from Talisman Square (image via PLMR Advent)

A spokesperson for Cobalt Estates said: "The planning committee refused planning permission for reasons that had not been raised with us at any stage of the process. This was very disappointing.

"After seeking advice, we have decided to submit an appeal against the Planning Committee's decision.

"Cobalt Estates has owned Talisman Shopping Centre for 23 years, and during that time we have worked with the Council to improve the centre for all. This has involved a major modernisation of all elements of the scheme originally developed in the early 1970s, the construction of a new youth centre and the introduction of Waitrose to the town centre. We have more recently worked with our tenants through the Covid pandemic to keep the centre alive and successful.

"We are keen to complete the process we started on 23 years ago by completing this scheme on the final undeveloped part of the centre, and encourage new residents to live in the centre of Kenilworth."

Warwick District Council will now be given the chance to make a statement on the application.

A planning inspector will then consider the application and make a decision on whether to give it approval or not.

See the full appeal documents here.

The plants needed to be removed from Talisman Square by the end of March (image by James Smith)