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Planning appeal decision

Dismissed4 September 20243336950

705 Coventry Road, Small Heath, BIRMINGHAM, B10 0JL

retention of 3 no. 1 bed flats (Use Class C3), single storey front and rear extensions and rear dormer, and proposed external alterations (revised application)

Authority
Birmingham City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hall R

Main issues, as the Inspector framed them

  • The effect of the front extension on the character and appearance of the site and surrounding area
  • Whether the proposal is acceptable having regard to its effect on housing mix

What decided it

The harmful effect of the front extension on the character and appearance of the terrace and surrounding area, which conflicts with development plan policies and is not outweighed by the modest housing supply benefits, particularly given the availability of less harmful fallback positions under permitted development rights.

The modest benefits of housing supply contribution and housing mix acceptability were significantly and demonstrably outweighed by the enduring harm to character and appearance of the appeal building and surrounding area, resulting in the proposal not representing sustainable development

Framework references: 11, 60, 135

Plan policies cited: Policy PG3 of the Birmingham Development Plan (January 2017), Policy DM12 of the Development Management in Birmingham Development Plan Document (December 2017), Policy TP30 of the Birmingham Development Plan, Policy TP35 of the Birmingham Development Plan

Judgments cited: Mansell v Tonbridge and Malling Borough Council & Others [2017] EWCA Civ 1314; Gambone v Secretary of State for Communities and Local Government [2014] EWH 952 (Admin)

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.