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Dismissed24 August 20233311894

Land to Rear of 9-15 Tolson Avenue, Fazeley, Tamworth, B78 3RU

Planning appeal 3311894 at Land to Rear of 9-15 Tolson Avenue, Fazeley, Tamworth, B78 3RU (Lichfield District Council) was dismissed on 24 August 2023 by Inspector Hall R, by written representations. The main issue, as the Inspector framed it: whether it has been demonstrated that the proposal is acceptable with respect to flood risk.

3 bedroom detached bungalow with detached garage

Authority
Lichfield District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hall R
Postcode
B78 3RU

Main issues, as the Inspector framed them

  • whether it has been demonstrated that the proposal is acceptable with respect to flood risk
  • the effect of the proposed development on the living conditions of the occupants of 3 Barlow Mews and 15 Tolson Avenue, with particular regard to privacy in their private outside space

What decided it

The absence of a sequential test demonstrating that lower-risk sites were unavailable, combined with failure to satisfy the exception test due to insufficient wider sustainability benefits, rendered the proposal unacceptable on flood risk grounds.

What the Inspector cited

Development plan policies
Core Policy 3Core Policy 1Core Policy 2Policy SC1Policy BE1
National Planning Policy Framework
Paragraph 162Paragraph 167Paragraph 164Paragraph 130

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.

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.