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Planning appeal decision

Notice varied and upheld3 August 20223293166

Baldwin House, 290-298 Baldwins Lane, Birmingham, B28 0XB

Planning appeal 3293166 at Baldwin House, 290-298 Baldwins Lane, Birmingham, B28 0XB (Birmingham City Council) was allowed in part (a split decision) on 3 August 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: the effect of the development upon the living conditions of the occupants of the flats having particular regard to the provision of private outside amenity space.

Without planning permission, the unauthorised change of use of the rear of the premises to two self-contained flats in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Griffin E
Postcode
B28 0XB

Main issues, as the Inspector framed them

  • the effect of the development upon the living conditions of the occupants of the flats having particular regard to the provision of private outside amenity space
  • the effect of the development upon the living conditions of the occupants of the flats having particular regard to the provision of internal space, outlook and natural light
  • the suitability of the development for housing with particular regard to its location and context

What decided it

The significant harm to living conditions arising from inadequate private amenity space, internal space below technical standards, and poor outlook and natural light, combined with the out-of-context backland location, outweighed the modest housing benefits even under the tilted balance.

Although the tilted balance was engaged due to lack of five-year housing land supply, the adverse impacts of harm to living conditions and poor design in an out-of-context location significantly and demonstrably outweighed the modest benefits of two additional flats and local economic contributions.

What the Inspector cited

Development plan policies
Policy PG3Policy TP27Policy TP35Policy DM2Policy DM10
National Planning Policy Framework
Paragraph 11Paragraph 130
Judgments
Somak Travel v SSE & Brent LBC [1987] JPL 630

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.

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The decision letter

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

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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.

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