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Dismissed5 September 20223264336

16 Kent Street, Birmingham, B5 6RD

Planning appeal 3264336 at 16 Kent Street, Birmingham, B5 6RD (Birmingham City Council) was dismissed on 5 September 2022 by Inspector Sargent J, following a hearing. The main issue, as the Inspector framed it: whether or not the scheme would result in reasonable living conditions for future residents with regard to noise.

the demolition of existing buildings and redevelopment to provide 116 apartments with a ground floor of 2 commercial units (use classes A1 -A4, B1(a) and medical services within use class D1). This

Authority
Birmingham City Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Sargent J
Postcode
B5 6RD

Main issues, as the Inspector framed them

  • whether or not the scheme would result in reasonable living conditions for future residents with regard to noise
  • the effect of this residential use on the operation of The Nightingale

What decided it

The unresolved risk of unacceptable noise harm to future residents' living conditions, which was found to significantly and demonstrably outweigh the housing benefits of the scheme.

the benefits of housing delivery, including affordable housing, were significantly and demonstrably outweighed by the harm to future residents' living conditions from noise

What the Inspector cited

Development plan policies
Policy TP24Policy DM6
National Planning Policy Framework
Paragraph 11Paragraph 187

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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The authority’s record since 2016 · every decision in 2022

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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.