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Planning appeal decision

Dismissed13 January 20233298041

126 Billesley Lane, Moseley, B13 9RD

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

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.

Framework references: 81, 111, 185

Plan policies cited: Policy PG3, Policy DM2, Policy DM6, Policy TP44, Policy DM14

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.