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Planning appeal decision

Dismissed25 August 20223292695

Land at 428 Tyburn Road, Birmingham, B24 8HP

Planning appeal 3292695 at Land at 428 Tyburn Road, Birmingham, B24 8HP (Birmingham City Council) was dismissed on 25 August 2022 by Inspector Wilson L, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the living conditions of the occupiers of neighbouring properties, having regard to noise and disturbance.

Change of use of car sales pitch to garden centre

Authority
Birmingham City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Wilson L
Postcode
B24 8HP

Main issues, as the Inspector framed them

  • The effect of the proposed development on the living conditions of the occupiers of neighbouring properties, having regard to noise and disturbance
  • Whether or not it has been demonstrated that the proposal would have an acceptable effect upon highway safety

What decided it

The proposal would result in unacceptable noise and disturbance to neighbouring residential properties and the appellant failed to demonstrate that delivery vehicles could adequately access and egress the site without unacceptable highway safety impacts.

What the Inspector cited

Development plan policies
Policy PG3Policy DM2Policy DM6Policy DM14

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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More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2022

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  3. Allowed6 October 20266006428
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  5. Dismissed11 September 20266011088
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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.