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Planning appeal decision

Notice varied and upheld7 March 20243293098

3 Wye Cliff Road, Handsworth, Birmingham, B20 3TA

Planning appeal 3293098 at 3 Wye Cliff Road, Handsworth, Birmingham, B20 3TA (Birmingham City Council) was allowed in part (a split decision) on 7 March 2024 by Inspector Savage M, following an inquiry. The main issue, as the Inspector framed it: The effect of the appeal scheme on the provision of family accommodation within the area.

without planning permission, the Unauthorised change of use from C3 single dwelling house to 9 bedroom supported accommodation (Sui Generis) in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Savage M
Postcode
B20 3TA

Main issues, as the Inspector framed them

  • The effect of the appeal scheme on the provision of family accommodation within the area
  • The effect of the appeal scheme on crime and a fear of crime and disorder in the area
  • The effect of the appeal scheme on the amenities of occupiers of dwellings in the vicinity of the appeal site with regards to noise and disturbance

What decided it

The harm to family housing supply combined with harm from crime, fear of crime and noise disturbance to neighbours was found to outweigh the benefits of the use, leading to refusal of planning permission on ground (a).

the moderate benefits of providing accommodation to current occupants and part-time economic benefit were outweighed by the substantial harm to family housing provision and to neighbours' amenity from crime, fear of crime and noise

What the Inspector cited

Development plan policies
Policy DM11Policy DM2Policy PG3
Judgments
Koumis v SSCLG [2013] EWHC 2966 (Admin); [2014] EWCA Civ 1723; [2015] JPL 682; Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196; Gabbitas v SSE & Newham LBC [1985] JPL 630; Swale BC v First Secretary of State [2005] EWCA Civ 1568; Thurrock BC v SSETR [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; [2006] JPL 886; Islington LBC v SSHCLG & Maxwell Estates [2019] EWHC 2691 (Admin); [2020] JPL 532; Impey v SSE & Lake District SPB [1981] JPL 363; [1984] P&CR 157; North Devon DC v FSS & Southern Childcare Ltd [2003] JPL 1191; West Midlands Probation Committee v SSE (1997)

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 2024

  1. Allowed21 October 20266012934
    157, Somerford Road, Birmingham, B29 5LB
  2. Dismissed20 October 20266011877
    248 Wheelwright Rd, Erdington, Birmingam, B24 8EH
  3. Allowed6 October 20266006428
    39 Gladstone Road, Sparkbrook, Birmingham, B11 1LP
  4. Allowed17 September 20266009473
    Unit 9a, Bikdale Avenue, Birmingham, B29 6UB
  5. Dismissed11 September 20266011088
    12 Sladefield Road, Ward End, Birmingham, B83NX

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.