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Planning appeal decision

Invalid22 August 20223272992

Land to the Rear of 25a Blackwood Road & Forming Part of Foley Wood, Egerton Road, Streetly, Sutton Coldfield, B74 3PL

Planning appeal 3272992 at Land to the Rear of 25a Blackwood Road & Forming Part of Foley Wood, Egerton Road, Streetly, Sutton Coldfield, B74 3PL (Walsall Metropolitan Borough Council) was decided (invalid) on 22 August 2022 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether either appellant had a right of appeal as a person having an interest in the land or as a relevant occupier under section 174 of the Town and Country Planning Act 1990.

Material change of use of land from open space woodland to use as private residential garden

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Harbottle M
Postcode
B74 3PL

Main issues, as the Inspector framed them

  • Whether either appellant had a right of appeal as a person having an interest in the land or as a relevant occupier under section 174 of the Town and Country Planning Act 1990

What decided it

Neither appellant had a legal or equitable interest in the land, was a relevant occupier, or had acquired an interest through adverse possession, and therefore neither had a right of appeal under section 174(1) of the Act.

What the Inspector cited

Judgments
R v SSE & South Shropshire DC (ex parte Davies) [1991] JPL 540

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.

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The decision letter

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More decisions in Walsall

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

  1. Dismissed29 September 20266008378
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  5. Notice varied and upheld7 July 20233310801
    The Land at 117 Sandringham Avenue, Willenhall, Walsall, West Midlands, WV12 5TG

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.