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Dismissed4 July 20223290551

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

Planning appeal 3290551 at Land Adjacent 39 Fastmoor Oval, Kitt’s Green, Birmingham, B33 0NR (Birmingham City Council) was dismissed on 4 July 2022 by Inspector Sutton A, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

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
Postcode
B33 0NR

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.

What the Inspector cited

Development plan policies
Policy PG3Policy TP27Policy TP39Policy DM2Policy DM14Policy DM10
National Planning Policy Framework
Paragraph 11
Judgments
Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]

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.