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Planning appeal decision

Notice varied and upheld12 December 20223302488

Land to North East Side of Spencers Lane, Berkswell, Solihull, CV7 7BZ

Planning appeal 3302488 at Land to North East Side of Spencers Lane, Berkswell, Solihull, CV7 7BZ (Solihull Metropolitan Borough Council) was allowed in part (a split decision) on 12 December 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework and relevant development plan policies.

without planning permission, the material change of use of the land from a field of agricultural or nil use, to that of sui generis dog walking, care and training

Authority
Solihull Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moore D
Postcode
CV7 7BZ

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework and relevant development plan policies
  • The effect on the openness of the Green Belt
  • The effect of the development on the character and appearance of the area
  • The effect of the development on highway safety
  • The effect of the development on the living conditions of neighbouring occupiers, with regard to noise and disturbance
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The development is inappropriate development in the Green Belt causing substantial harm to openness, combined with moderate harm to neighbouring living conditions, which is not clearly outweighed by other considerations so as to constitute very special circumstances.

What the Inspector cited

Development plan policies
Policy P15Policy P7Policy P8Policy P14Policy P17
National Planning Policy Framework
Paragraph 111Paragraph 150

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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More decisions in Solihull

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

  1. Dismissed23 October 20266013961
    The Stables, Barretts Lane Farm, Barretts Lane, Balsall Common, Coventry, CV7 7GB
  2. Allowed23 October 20266009733
    Meadow View, 1A Oldwich Lane West, Chadwick End, B93 0BQ
  3. Planning permission granted28 September 20263371254
    95 Prospect Lane, Solihull, B91 1HS
  4. Notice upheld14 September 20263375302
    10 Park View, Hockley Heath, Solihull, B94 6PE
  5. Notice upheld14 September 20263375301
    10 Park View, Hockley Heath, Solihull, B94 6PE

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.