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Planning appeal decision

Notice varied and upheld20 August 20263372003

61 Hagley Road West, Birmingham, B17 8AE

Planning appeal 3372003 at 61 Hagley Road West, Birmingham, B17 8AE (Birmingham City Council) was allowed in part (a split decision) on 20 August 2026 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the construction of front boundary walls and gates constitutes a breach of planning control.

Authority
Birmingham City Council
Appeal type
Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whalley J

Main issues, as the Inspector framed them

  • Whether the construction of front boundary walls and gates constitutes a breach of planning control
  • Whether the design and scale of the front boundary treatment accords with development plan policy
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach
  • Whether the compliance period is sufficient

What decided it

The front boundary walls and gates exceed the 1m height limit for means of enclosure adjacent to a highway under the General Permitted Development Order and are unacceptably out of keeping with the character of the surrounding area, contrary to development plan policy.

What the Inspector cited

Development plan policies
Policy PG3Policy DM2
Judgments
Garland v MHLG [1968] 20 P&CR 93; Fayrewood Fish Farms v SSE & Hampshire CC [1984] JPL 267

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

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More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2026

  1. Notice upheld8 September 20263371221
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  2. Notice varied and upheld24 August 20263358730
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  3. Notice upheld20 August 20263364185
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  4. Notice varied and upheld27 April 20263370639
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  5. Notice varied and upheld22 April 20263360592
    656 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.

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.