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Dismissed15 November 20213275570

Land Bounded by Chapel Lane, Harborne Lane and Bristol Road, Selly Oak, Birmingham, B29 6SJ

Planning appeal 3275570 at Land Bounded by Chapel Lane, Harborne Lane and Bristol Road, Selly Oak, Birmingham, B29 6SJ (Birmingham City Council) was dismissed on 15 November 2021 by Inspector Baugh-Jones H, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area.

site clearance and demolition of existing supermarket buildings and erection of a development comprising purpose built student accommodation and student communal facilities (Sui Generis) ground floor commercial and community floorspace to Bristol Road (Use Classes B1/A1/A2/A3/D1/D2), and associated works including new hard and soft landscaping, internal site vehicular circulation route and parking with access from Chapel Lane roundabout

Authority
Birmingham City Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Other Major Developments
Inspector
Baugh-Jones H

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area
  • The effects on neighbouring occupiers with regard to light, sunlight, outlook and car parking
  • The effects on the wider community with particular regard to student need and community balance

What decided it

The unacceptable scale, mass and height of the development causing significant harm to the character and appearance of the area and conflict with the development plan taken as a whole.

The substantial and significant benefits of the scheme, including student need, brownfield use, biodiversity net gain and urban greening, did not clearly and decisively outweigh the substantial harm arising from conflict with key development plan policies and the unacceptable townscape and outlook effects, so the balance tipped against the proposal.

What the Inspector cited

Development plan policies
Policy PG3Policy TP33Policy GA9Policy TP27Policy TP31Policy TP21Policy TP24
National Planning Policy Framework
Paragraph 62

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 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.