Land off Somerford Road, Weoley Castle,, Birmingham, B29 5LB

Main issues, as the Inspector framed them

• The effect of the proposal on the character and appearance of the area
• Whether the occupiers of the apartment block would experience satisfactory living conditions, with particular regard to the provision of outdoor space
• Whether the occupiers of Plots 10-17 would experience satisfactory living conditions, with particular regard to outlook
• The effect of the proposal on the users of Edith Cadbury Nursery School, with particular regard to overlooking, overbearing effect and overshadowing, as well as any safeguarding risk
• Whether adequate drainage facilities can be delivered
• Whether the proposal makes adequate provision for the incorporation of energy efficiency and sustainability measures

What decided it

The absence of a five-year housing land supply engaged the paragraph 11 presumption in favour of sustainable development, and the significant benefits of the affordable housing scheme outweighed the limited harm identified.

The limited harm to the quality of outdoor space for apartment occupiers was outweighed by the significant benefits of 23 affordable homes in a sustainable location and the reuse of previously developed land, such that adverse impacts did not significantly and demonstrably outweigh the benefits.