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Notice upheld31 January 20223277016

88 Swanshurst Lane, Birmingham, B13 0AL

Planning appeal 3277016 at 88 Swanshurst Lane, Birmingham, B13 0AL (Birmingham City Council) was dismissed on 31 January 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of nearby occupiers particularly 22 Meadow View having regard to outlook, overlooking and loss of privacy.

Unauthorised erection of an outbuilding and increase in ground level

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Griffin E
Postcode
B13 0AL

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of nearby occupiers particularly 22 Meadow View having regard to outlook, overlooking and loss of privacy

What decided it

The elevated location, height, scale and proximity of the outbuilding to the shared boundary with 22 Meadow View resulted in an overdominant and overbearing development causing unacceptable harm to neighbouring living conditions regarding outlook, overlooking and privacy.

What the Inspector cited

Development plan policies
Policy PG3 of the Birmingham Development Plan 2031 (Adopted 2017)Policy TP27 of the Birmingham Development Plan 2031 (Adopted 2017)Places for Living Supplementary Planning Guidance March 2021
National Planning Policy Framework
Paragraph 130

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.