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Dismissed7 November 20233316591

63 Hunters Vale, Birmingham, B19 2XH

Planning appeal 3316591 at 63 Hunters Vale, Birmingham, B19 2XH (Birmingham City Council) was dismissed on 7 November 2023 by Inspector Hall R, by written representations. The main issue, as the Inspector framed it: Whether it has been demonstrated that the proposal would accord with the conditions of Schedule 2, Part 3, Class MA of the GPDO, with regard to the impacts of noise from commercial premises on the future occupants of the proposal.

prior approval for change of use from commercial, business & service (Use Class E) to 4 flats (Use Class C3)

Authority
Birmingham City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hall R
Postcode
B19 2XH

Main issues, as the Inspector framed them

  • Whether it has been demonstrated that the proposal would accord with the conditions of Schedule 2, Part 3, Class MA of the GPDO, with regard to the impacts of noise from commercial premises on the future occupants of the proposal

What decided it

The appellant failed to provide sufficient evidence demonstrating that the proposal would accord with Schedule 2, Part 3, Class MA of the GPDO regarding noise impacts from adjacent commercial premises on future occupants.

What the Inspector cited

Development plan policies
Policy DM6 of the Birmingham Development Plan (January 2017)
National Planning Policy Framework
Paragraph 174Paragraph 187

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.