®Planning appeal decision
Land at Gomer Street, Willenhall, WV13 2NR
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
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.
Framework references: 187, 11
Plan policies cited: Policy IND4 of the Walsall Site Allocation Document (2019), Saved Policy GP2 of the Walsall Unitary Development Plan (2005), Policy ENV14 of the UDP, Policy ENV32 of the UDP, Policy GP3 of the UDP, Policy OS1 of the SAD
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.