®Planning appeal decision
Land at Gomer Street, Willenhall, WV13 2NR
Planning appeal 3292577 at Land at Gomer Street, Willenhall, WV13 2NR (Walsall Metropolitan Borough Council) was dismissed on 15 September 2022 by Inspector Smith H, by written representations. The main issue, as the Inspector framed it: Whether the relationship between the proposal and the adjacent employment use would be acceptable, with particular regard to the effect of noise and disturbance on living conditions for future occupiers of the proposed residential development.
for 15 x 1 Bed Apartments and 3 x 2 bed apartments
- Authority
- Walsall Metropolitan Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Smith H
- Postcode
- WV13 2NR
Main issues, as the Inspector framed them
- Whether the relationship between the proposal and the adjacent employment use would be acceptable, with particular regard to the effect of noise and disturbance on living conditions for future occupiers of the proposed residential development
- Whether it has been demonstrated that the proposal would secure the provision of an off-site open space improvements contribution
What decided it
The unacceptable harm to the living conditions of future occupiers from noise and disturbance arising from adjacent industrial uses, combined with the failure to secure the required open space contribution, meant the adverse impacts significantly and demonstrably outweighed the benefits even under the tilted balance.
Although the lack of 5-year housing land supply engaged the tilted balance under paragraph 11(d) of the Framework, the significant harm from noise and disturbance to future residents and constraint on existing industrial operations demonstrably outweighed the modest benefits of housing delivery, brownfield development, and economic benefits.
What the Inspector cited
- Development plan policies
- Policy IND4 of the Walsall Site Allocation Document (2019)Saved Policy GP2 of the Walsall Unitary Development Plan (2005)Policy ENV14 of the UDPPolicy ENV32 of the UDPPolicy GP3 of the UDPPolicy OS1 of the SAD
- National Planning Policy Framework
- Paragraph 187Paragraph 11
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
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With an account
What an account adds to this decision
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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.