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Planning appeal decision

Dismissed25 November 20243346718

323a Ladypool Road, Sparkbrook, Birmingham, B12 8LB

Planning appeal 3346718 at 323a Ladypool Road, Sparkbrook, Birmingham, B12 8LB (Birmingham City Council) was dismissed on 25 November 2024 by Inspector Rafferty C, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area including with regard to a non-designated heritage asset.

Retention of 2no. shipping containers for use as cafe with preparation area for food and 1no. open terrace and 1no. covered terrace at first floor

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Rafferty C
Postcode
B12 8LB

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area including with regard to a non-designated heritage asset
  • highway safety and parking provision
  • the living conditions of residents of No. 86 and 87-90 Brighton Road with regard to light and outlook

What decided it

The proposal would result in significant adverse harm to character and appearance including harm to the non-designated heritage asset, would create unacceptable highway safety concerns due to parking provision, and would cause significant adverse harm to the living conditions of neighbouring residents through overbearing built form, and these harms were not outweighed by the economic and social benefits.

What the Inspector cited

Development plan policies
Policy PG3Policy TP12Policy TP39Policy TP44Policy TP28Policy DM14Policy DM15Policy DM2

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 2024

  1. Allowed11 September 20266009133
    1 Westwood Road, Birmingham, B6 7DX
  2. Dismissed9 September 20266008724
    538-540 Stratford Road, Sparkhill, Birmingham, B11 4AL
  3. Dismissed11 August 20266007228
    168 Adderley Road, Birmingham, B8 1EH
  4. Dismissed30 June 20266002364
    807 Pershore Road, Selly Park, Birmingham, B29 7LR
  5. Dismissed24 June 20266006872
    2-2a Beauchamp Avenue, Handsworth Wood, Birmingham, B20 1DR

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.