53 Charlemont Road, WALSALL, WS5 3NQ

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

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.

Plan policies cited: ENV2, ENV3, 3.6, GP2, ENV32

Judgments cited: McGaw v The Welsh Ministers [2021] EWCA Civ 976

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.