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Planning appeal decision

Split Decision8 January 20266000581

55 Walsall Street, Willenhall, Walsall, West Midlands, WV13 2DU

proposed change of use from former Prince of Wales Public House (Planning Use Class Sui Generis) to 6 self-contained residential flats consisting of 3 no. 1 bedroom flats, 2 no. 2 bedroom flats and 1 no. studio flat (Planning Use Class C3 Dwellinghouses). First floor rear extensions, external staircases, amenity space, courtyard parking and exterior alterations including removal of entrance doors, without complying with conditions attached to planning permission Ref 22/1346, dated 22 September 2023.  The conditions in dispute are Nos 2, 3, 4a, 4b, 5a, 5b, 6a, 6b, 7a, 7b, 8a, 8b, 9, 10a, 10b, 11a, 11b, 13a and 13b which are listed in the Disputed Conditions Schedule below.  The reasons given for the conditions are those listed in the Disputed Conditions Schedule below

Authority
Walsall Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bromley N

Main issues, as the Inspector framed them

  • the effect that removing conditions 2, 3, 4a, 4b, 5a, 5b, 6a, 6b, 7a, 7b, 8a, 8b and 9 would have on the character and appearance of the host building, with regard to its significance as a NDHA
  • the effect that removing condition 10 would have on the living conditions of future occupiers, in respect of noise and disturbance
  • the effect that removing conditions 11a, 11b, 13a and 13b would have on highway safety in respect of parking, as well as supporting sustainable modes of transport

What decided it

The removal of condition 9 controlling satellite dishes and aerials on the front elevation would cause harmful cluttered appearance to the non-designated heritage asset, which could not be outweighed by housing supply benefits.

The proposed development would contribute to boosting housing supply in the context of the Council's inability to demonstrate five-year housing land supply, but this does not override the harm identified to the non-designated heritage asset from removal of condition 9.

Framework references: 57, 216, 203

Plan policies cited: Policy GP2, Policy ENV32, Policy ENV2, Policy ENV3, Policy T7, Policy T13, Policy TRAN4, Policy DW3

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.