126 Billesley Lane, Moseley, B13 9RD

Planning appeal 3298041 at 126 Billesley Lane, Moseley, B13 9RD (Birmingham City Council) was dismissed on 13 January 2023 by Inspector Hall R, by written representations. The main issue, as the Inspector framed it: Whether the condition restricting opening hours is reasonable and necessary in the interests of protecting the living conditions of nearby occupants, with particular regard to noise and disturbance.

demolition of existing single storey outbuilding, erection of single and two-storey extensions to side and rear, to extend the existing retail unit and provide a new shop front, provide a new retail unit, provide security shutters to both retail units and provide two first-floor flats without complying with a condition attached to planning permission Ref 2014/03677/PA, dated 21 August 2014

Authority: Birmingham City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Minor Dwellings
Inspector: Hall R
Postcode: B13 9RD

Main issues, as the Inspector framed them

Whether the condition restricting opening hours is reasonable and necessary in the interests of protecting the living conditions of nearby occupants, with particular regard to noise and disturbance
Whether the condition restricting opening hours is reasonable and necessary in the interests of highway safety, with particular regard to parking provision

What decided it

The existing opening hours condition is reasonable and necessary to protect the living conditions of nearby residential occupants from unacceptable noise and disturbance in a predominantly residential context.

What the Inspector cited

Development plan policies: Policy PG3Policy DM2Policy DM6Policy TP44Policy DM14
National Planning Policy Framework: Paragraph 81Paragraph 111Paragraph 185

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 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.