Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed16 December 20243348824

520 Simons Restaurant, Chester Road, Aldridge, Walsall, WS9 0PU

Planning appeal 3348824 at 520 Simons Restaurant, Chester Road, Aldridge, Walsall, WS9 0PU (Walsall Metropolitan Borough Council) was dismissed on 16 December 2024 by Inspector Smith A, following a hearing. The main issue, as the Inspector framed it: Whether or not the proposal represents inappropriate development in the Green Belt, including consideration of openness effects.

Change of use of vacant restaurant and café (Class E(b)) to Class E(f) childrens nursery with associated access, parking and landscaping

Authority
Walsall Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
community-institutional · Change of use
Inspector
Smith A
Postcode
WS9 0PU

Main issues, as the Inspector framed them

  • Whether or not the proposal represents inappropriate development in the Green Belt, including consideration of openness effects
  • The effect upon the character and appearance of the area
  • Whether or not the site offers a suitably accessible location for the proposed use
  • The effect upon highway safety
  • Whether or not the proposed use would have an acceptable effect upon the living conditions of surrounding residential occupiers, having particular regard to noise
  • The effect upon protected trees

What decided it

The likely significant harm to protected trees T42 and T44 was found to outweigh the benefits of the proposed nursery use.

The considerable benefits of 130 additional early years childcare spaces did not outweigh the significant harm identified to high-value protected trees, so the balance tipped against the proposal.

What the Inspector cited

Development plan policies
Policy GP2Policy ENV7Policy GP5Policy GP6Policy ENV10Policy ENV18Policy CSP2Policy TRAN2Policy TRAN4Policy TRAN5Policy GB1Policy T4Policy T5
National Planning Policy Framework
Paragraph 154

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

44 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Walsall

The authority’s record since 2016 · every decision in 2024

  1. Dismissed15 October 20266008716
    Rooftop Food Court, Multi-Storey Car Park, George St, Walsall, Ws1 1RS
  2. Dismissed9 October 20266012207
    Land at Barr Lakes Lane, Walsall, WS5 3RB
  3. Dismissed30 September 20266013877
    57, Lincoln Road, Walsall, WS1 2DW
  4. Dismissed11 August 20266008451
    251 Aldridge Road, Streetly, Walsall, B74 2DX
  5. Dismissed12 June 20266004807
    Land South of Pasture View, Pasture View, Pelsall, Walsall, WS3 4LH

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.