®Planning appeal decision
53 Charlemont Road, Walsall, WS5 3NQ
Planning appeal 3287934 at 53 Charlemont Road, Walsall, WS5 3NQ (Walsall Metropolitan Borough Council) was allowed in part (a split decision) on 7 September 2022 by Inspector Madge M, following a hearing. The main issue, as the Inspector framed it: The effects of the matters alleged on non-designated heritage assets.
without planning permission on the Land, 3.1 The erection of brick walls, pillars and railings between points B-C-D-E-F-G inclusive, marked in the approximate positions on the attached plan. 3.2 The erection of brick retaining walls and timber fence panels between points A-B, and G-H, marked in the approximate positions on the attached plan. 3.3 The alteration and raising of ground levels in the area hatched blue on the attached plan. 3.4 The laying of a hard surface in excess of five square metres in the area hatched blue on the attached plan
- Authority
- Walsall Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- other · Householder developments
- Inspector
- Madge M
- Postcode
- WS5 3NQ
Main issues, as the Inspector framed them
- The effects of the matters alleged on non-designated heritage assets
- The effects of the matters alleged on the character and appearance of the street scene
- The effects of the matters alleged on the disposal of surface water
What decided it
Appeal A succeeded because it alone pursued ground (a) and the Inspector found only negligible/no significant harm capable of mitigation by a landscaping condition, whereas Appeals B, C and D remained dismissed because their grounds (b) and (c) failed and they had not appealed on ground (a).
The negligible harm to non-designated heritage assets and lack of significant visual harm to the street scene, capable of being mitigated by a landscaping and maintenance condition, together with the absence of evidenced drainage harm, meant the development was acceptable and planning permission was granted for Appeal A.
What the Inspector cited
- Development plan policies
- ENV2ENV33.6GP2ENV32
- Judgments
- McGaw v The Welsh Ministers [2021] EWCA Civ 976
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2022
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- Dismissed29 September 20266008378407 Chester Road, Walsall, WS9 0PH
- Dismissed12 June 20266004807Land South of Pasture View, Pasture View, Pelsall, Walsall, WS3 4LH
- Allowed27 May 20266004148371 Middlemore Lane, Aldridge, Walsall, WS9 8SP
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.