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Planning appeal decision

Notice varied and upheld12 June 20233312408

160 Grange Road, Small Heath, Birmingham, B10 9QY

Planning appeal 3312408 at 160 Grange Road, Small Heath, Birmingham, B10 9QY (Birmingham City Council) was allowed in part (a split decision) on 12 June 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the development provides adequate living conditions for existing and future occupants, with particular regard to communal amenity space.

(a) the unauthorised change of use to a 58 bed assisted living accommodation (Sui Generis) in the approximate position marked green on the attached plan; and (b) the unauthorised erection of a boundary fence in the approximate position marked in blue on the attached plan

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Walker A
Postcode
B10 9QY

Main issues, as the Inspector framed them

  • Whether the development provides adequate living conditions for existing and future occupants, with particular regard to communal amenity space
  • The effect of the development on the living conditions of the occupants of neighbouring residential properties, with particular regard to the fear of crime and anti-social behaviour, and noise and disturbance
  • The effect on the character and appearance of the area

What decided it

The wholly inadequate internal communal amenity space (approximately 3.5sqm per tenant) providing oppressively confined residential accommodation that would be detrimental to tenant wellbeing, which cannot be outweighed by the limited weight attached to need for assisted living accommodation.

What the Inspector cited

Development plan policies
Policy PG3Policy DM2Policy DM6Policy DM12

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.

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The decision letter

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More decisions in Birmingham City Council

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

  1. Allowed21 October 20266012934
    157, Somerford Road, Birmingham, B29 5LB
  2. Dismissed20 October 20266011877
    248 Wheelwright Rd, Erdington, Birmingam, B24 8EH
  3. Allowed6 October 20266006428
    39 Gladstone Road, Sparkbrook, Birmingham, B11 1LP
  4. Allowed17 September 20266009473
    Unit 9a, Bikdale Avenue, Birmingham, B29 6UB
  5. Dismissed11 September 20266011088
    12 Sladefield Road, Ward End, Birmingham, B83NX

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.