Planning appeal decision
38 St Marys Row, Birmingham, B13 8JG
Planning appeal 3364162 at 38 St Marys Row, Birmingham, B13 8JG (Birmingham City Council) was dismissed on 19 August 2025 by Inspector Oyebade A, by written representations. The main issue, as the Inspector framed it: The effect on the living conditions of the occupiers of the residential units in the vicinity of the proposed development, particularly in relation to noise and odour.
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- Authority
- Birmingham City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Oyebade A
- Postcode
- B13 8JG
Main issues, as the Inspector framed them
- The effect on the living conditions of the occupiers of the residential units in the vicinity of the proposed development, particularly in relation to noise and odour
What decided it
The appellant failed to demonstrate that the proposal could avoid undue harm to the living conditions of nearby residential occupiers in relation to noise and odour impacts.
What the Inspector cited
- Development plan policies
- Policy PG3 of the Birmingham Development Plan (Adopted January 2017)Policy DM2 of the Development Management in Birmingham Development Plan Document (Adopted December 2021)Policy DM6 of the Development Management in Birmingham Development Plan Document (Adopted December 2021)
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
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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 2025
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- Dismissed20 October 20266011877248 Wheelwright Rd, Erdington, Birmingam, B24 8EH
- Allowed6 October 2026600642839 Gladstone Road, Sparkbrook, Birmingham, B11 1LP
- Allowed17 September 20266009473Unit 9a, Bikdale Avenue, Birmingham, B29 6UB
- Dismissed11 September 2026601108812 Sladefield Road, Ward End, Birmingham, B83NX
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.
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