®Planning appeal decision
108 Kidderminster Road, Bromsgrove, Worcestershire, B61 7LD
Planning appeal 3308050 at 108 Kidderminster Road, Bromsgrove, Worcestershire, B61 7LD (Bromsgrove District Council) was allowed in part (a split decision) on 31 August 2023 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: the effect of the development upon the living conditions of the occupiers of the host dwelling and the occupiers of the outbuilding with particular regard to overlooking and loss of privacy.
Change of use of outbuilding located on the land shown shaded green on the plan attached to Appendix 3 to this notice ( hereafter called the ” Building”) from ancillary residential use in association with the main dwelling to independent unit of residential accommodation
- Authority
- Bromsgrove District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Griffin E
- Postcode
- B61 7LD
Main issues, as the Inspector framed them
- the effect of the development upon the living conditions of the occupiers of the host dwelling and the occupiers of the outbuilding with particular regard to overlooking and loss of privacy
What decided it
The harm to living conditions from overlooking and loss of privacy, combined with the shared garden arrangement and proximity of the outbuilding to the host dwelling, significantly and demonstrably outweighs the modest housing benefit even under the tilted balance.
The Council's inability to demonstrate a five-year housing supply engaged the tilted balance under NPPF paragraph 11(d), but the modest contribution to housing numbers is significantly and demonstrably outweighed by the harm to living conditions of the occupiers of both the outbuilding and the host dwelling.
What the Inspector cited
- Development plan policies
- Policy BDP1Policy BDP19
- National Planning Policy Framework
- Paragraph 11Paragraph 134
- Judgments
- Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Bowring v SSCLG & Waltham Forest LBC [2013] EWHC 1115 (Admin)
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Bromsgrove District Council
The authority’s record since 2016 · every decision in 2023
- Planning permission granted25 March 20253327300Holt Farm, Naylors Barn, Holt Lane, Romsley, B62 0ND
- Dismissed24 September 20243332759Primrose Nurseries, Fairfield Road, Bournheath, Worcestershire, B61 9JJ
- Notice varied and upheld2 September 20243324586Land at Firs Farm, 244 Old Birmingham Road, Marlbrook, B60 1NS
- Planning permission granted13 February 20243312327Parkland House, Brockhill Lane, Beoley, Redditch, Worcestershire, B98 9DA
- Allowed10 November 20233321060Sugarbrook Nurseries, Sugarbrook Lane, Bromsgrove, Worcestershire, B60 3AU
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.