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Dismissed28 December 20223299527

Land to Rear of 318-326 Brook Lane, Billesley , Birmingham, West Midlands, B13 0TH

Planning appeal 3299527 at Land to Rear of 318-326 Brook Lane, Billesley , Birmingham, West Midlands, B13 0TH (Birmingham City Council) was dismissed on 28 December 2022 by Inspector Stephens K, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area.

outline application for the erection of 3 dwellings with all matters reserved except for access and layout

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Stephens K
Postcode
B13 0TH

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposal on pedestrian and vehicle safety with regard to the access and parking
  • The effect of the proposal on the living conditions of existing occupants of neighbouring properties with particular regard to outlook
  • The effect of the proposal on the living conditions of existing occupants of neighbouring properties with particular regard to privacy
  • Whether the proposal amounts to a poor setting and unsafe environment

What decided it

The harm to character and appearance caused by overdevelopment and contrived layout, combined with fundamental unsuitability of the access arrangements for highway and pedestrian safety, significantly and demonstrably outweighs the benefits of three dwellings even under the tilted balance.

The public benefits of three dwellings would be significantly and demonstrably outweighed by harm to character and appearance, harm to pedestrian and vehicular safety and poor quality of layout, even applying the tilted balance under NPPF paragraph 11(d) due to lack of five-year housing land supply.

What the Inspector cited

Development plan policies
Policy PG3Policy TP44Policy DM14Policy DM15Policy DM2Policy TP27
National Planning Policy Framework
Paragraph 11

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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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.

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.