®Planning appeal decision
3 Wye Cliff Road, Handsworth, BIRMINGHAM, B20 3TA
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
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
Plan policies cited: Policy DM11, Policy DM2, Policy PG3
Judgments cited: 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)
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.