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Planning appeal decision

Notice varied and upheld12 June 20233312408

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

(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

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Walker A

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.

Plan policies cited: Policy PG3, Policy DM2, Policy DM6, Policy DM12

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.