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Dismissed18 November 20223300940

31 Shepherds Gardens, Birmingham, B15 1HB

Planning appeal 3300940 at 31 Shepherds Gardens, Birmingham, B15 1HB (Birmingham City Council) was dismissed on 18 November 2022 by Inspector Moulton E, by written representations. The main issue, as the Inspector framed it: The effect of the development on the supply of family housing in the area.

the change of use from single dwelling (Use Class C3) building to a 4-bedroom HMO (Use Class C4)

Authority
Birmingham City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moulton E
Postcode
B15 1HB

Main issues, as the Inspector framed them

  • The effect of the development on the supply of family housing in the area
  • Whether the proposal would provide satisfactory living conditions for future occupiers with particular regard to internal and external communal space

What decided it

The harm from the loss of a family-sized dwelling in an area of evidenced shortfall, combined with failure to provide satisfactory living conditions for future occupiers, significantly and demonstrably outweighs the modest benefit of providing one HMO unit.

The modest contribution to HMO supply was significantly and demonstrably outweighed by the harm from loss of family housing and failure to provide satisfactory living conditions for future occupiers; the Framework did not indicate a decision other than in accordance with the development plan.

What the Inspector cited

Development plan policies
Policy DM11Policy DM2Policy DM10Policy PG3Policy TP27Policy TP30
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 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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