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Planning appeal decision

Dismissed4 July 20223290551

Land adjacent 39 Fastmoor Oval, Kitt’s Green, Birmingham, B33 0NR

construction of 2 two storey 3 bedroom semi-detached houses

Authority
Birmingham City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sutton A

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • pedestrian access with specific regard to safety and convenience
  • whether the proposal would provide satisfactory living conditions for future occupants of the proposed dwellings, with specific regard to bedroom and private garden space

What decided it

The substantial harm to the character and appearance of the area through loss of the distinctive open space and the significant detrimental effect on pedestrian access convenience outweighed the modest housing supply benefits in the planning balance.

The modest housing benefits and small CIL contribution were outweighed by the substantial harm to character and appearance and the significant harm to pedestrian access convenience, resulting in the adverse impacts significantly and demonstrably outweighing the benefits when assessed against Framework policies as a whole.

Framework references: 11

Plan policies cited: Policy PG3, Policy TP27, Policy TP39, Policy DM2, Policy DM14, Policy DM10

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.