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Planning appeal decision

Notice varied and upheld7 July 20233310801

The Land at 117 Sandringham Avenue, Willenhall, Walsall, West Midlands, WV12 5TG

Planning appeal 3310801 at The Land at 117 Sandringham Avenue, Willenhall, Walsall, West Midlands, WV12 5TG (Walsall Metropolitan Borough Council) was allowed in part (a split decision) on 7 July 2023 by Inspector McGlone A, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area.

without planning permission, the demolition of a dwelling and the partial erection of a replacement dwelling and outbuilding

Authority
Walsall Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
McGlone A
Postcode
WV12 5TG

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area
  • Whether there is adequate information to assess the effect of the proposal in respect of coal mining
  • Whether there is adequate information to determine whether the proposal is affected by contamination

What decided it

The significant harm to the character and appearance of the area caused by the partially built replacement dwelling and outbuilding, which could not be remedied by conditions.

The harm to character and appearance outweighed the fact that coal mining and contamination concerns could be resolved by condition, so the proposal conflicted with the development plan as a whole and no material considerations justified a different decision.

What the Inspector cited

Development plan policies
Policy GP2Policy ENV32Policy HC2Policy ENV3Policy CSP4Policy ENV14

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 Walsall

The authority’s record since 2016 · every decision in 2023

  1. Dismissed29 September 20266008378
    407 Chester Road, Walsall, WS9 0PH
  2. Notice varied and upheld20 February 20263344208
    National Car Hub, Land Situated to the South and East of Back Lane, Aldridge, Walsall, WS9 0LS
  3. Allowed12 January 20243323631
    Woodside Stables, Longwood Lane , Walsall, WS4 2JT
  4. Invalid7 August 20233319469
    36 Upper Lichfield Street, Willenhall , West Midlands, WV13 1PF
  5. Split Decision7 September 20223287934
    53 Charlemont Road, Walsall, WS5 3NQ

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.