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Planning appeal decision

Notice varied and upheld18 August 20213223079

29 Ludford Road, Birmingham, B32 3PG

Planning appeal 3223079 at 29 Ludford Road, Birmingham, B32 3PG (Birmingham City Council) was allowed in part (a split decision) on 18 August 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: whether the development provides adequate living conditions for occupants with particular reference to private amenity space.

the unauthorised use of the structure shown edged in green on the attached plan as a separate dwelling to that of the existing dwelling at 29 Ludford Road

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Phillips A
Postcode
B32 3PG

Main issues, as the Inspector framed them

  • whether the development provides adequate living conditions for occupants with particular reference to private amenity space
  • the effect on the living conditions of the occupants of neighbouring residential properties with particular reference to overlooking

What decided it

The development fails to provide adequate private amenity space for a two-bedroom dwelling and causes unacceptable overlooking of neighbouring properties, in conflict with development plan policies and the SPD.

What the Inspector cited

Development plan policies
Policy PG3Policy TP27saved paragraph 3.14C of the Birmingham Unitary Development Plan 2005Policy DM2 of the Development Management in Birmingham Development Plan Document

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.