®Planning appeal decision
806 Pershore Road, Selly Park, Birmingham, B29 7LS
Planning appeal 3358730 at 806 Pershore Road, Selly Park, Birmingham, B29 7LS (Birmingham City Council) was allowed in part (a split decision) on 24 August 2026 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the alleged breaches of planning control have occurred (ground (b)).
- Authority
- Birmingham City Council
- Appeal type
- Enforcement Notice
- Procedure
- Written Representations
- Development
- retail · Change of use
- Inspector
- Whalley J
Main issues, as the Inspector framed them
- Whether the alleged breaches of planning control have occurred (ground (b))
- Whether the alleged breaches constitute breaches of planning control (ground (c))
- Whether planning permission should be granted on the deemed application to retain the shopfront and barber shop use (ground (a))
- Whether the period for compliance with the enforcement notice is reasonable (ground (g))
What decided it
The proposal failed to satisfy the sequential test required for out-of-centre retail uses and would undermine the vitality and viability of nearby local centres, combined with harm to the residential character of the area.
The Inspector weighed the small scale of the barber shop against the failure to satisfy the sequential test, the risk of setting a poor precedent, the harm to residential character, and the proximity to the Selly Park Conservation Area, and concluded that the enforcement notice should be upheld with a varied compliance period.
What the Inspector cited
- Development plan policies
- Policy TP21
- National Planning Policy Framework
- Paragraph 91Paragraph 94Paragraph 95
- Judgments
- Burroughs Day v Bristol CC [1996] 1 PLR 78; 1 EGLR 167
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 appliedThe 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.
With an account
What an account adds to this decision
More decisions in Birmingham City Council
The authority’s record since 2016 · every decision in 2026
- Notice upheld8 September 2026337122137 Church Street, Lozells, Birmingham, B19 1QN
- Notice varied and upheld20 August 2026337200361 Hagley Road West, Birmingham, B17 8AE
- Notice upheld20 August 20263364185448 Alum Rock Road, Birmingham, B8 3HT
- Notice varied and upheld27 April 202633706392 Cliff Rock Road, Rednal, Birmingham, B45 8QE
- Notice varied and upheld22 April 20263360592656 Pershore Road, Selly Park, Birmingham, B29 7NX
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.