Planning appeal decision
Himley Garden Buildings, Adjacent 19, Maypole Hill, Halesowen, West Midlands, B63 2NZ
Planning appeal 6001383 at Himley Garden Buildings, Adjacent 19, Maypole Hill, Halesowen, West Midlands, B63 2NZ (Dudley Metropolitan Borough Council) was dismissed on 9 March 2026 by Inspector Watson S, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on protected species and the Stour Valley Site of Local Importance for Nature Conservation (the SLINC).
demolish existing building and construct 3no. dwellinghouses
- Authority
- Dudley Metropolitan Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Watson S
- Postcode
- B63 2NZ
Main issues, as the Inspector framed them
- The effect of the proposal on protected species and the Stour Valley Site of Local Importance for Nature Conservation (the SLINC)
- Whether a suitable drainage strategy has been provided
- Whether the proposal would provide a suitable standard of living conditions for future occupiers
- The effect of the proposal on the character and appearance of the surrounding area
- The effect of the proposal on nearby trees
What decided it
The absence of an emergence survey to establish the presence or absence of bats and the extent of any impact, combined with insufficient drainage information, meant the proposal could not be approved without unresolved risks to protected species and flood risk contrary to local and national policy.
The benefits of three new dwellings and modest economic benefits attracted moderate weight, but were significantly and demonstrably outweighed by the considerable weight given to the adverse impacts of potential harm to protected species (bats) and surface water flooding risk, both contrary to local and national planning policy.
What the Inspector cited
- Development plan policies
- Black Country Core Strategy Policy ENV1Black Country Core Strategy Policy ENV5Black Country Core Strategy Policy HOU2Black Country Core Strategy Policy ENV2Black Country Core Strategy Policy ENV3Black Country Core Strategy Policy CSP4Dudley Borough Development Strategy Policy S21Dudley Borough Development Strategy Policy L1Dudley Borough Development Strategy Policy S6Dudley Borough Development Strategy Policy S8Dudley Borough Development Strategy Policy S22Dudley Local Plan Spatial Strategy and Policies Policy DLP32Dudley Local Plan Spatial Strategy and Policies Policy DLP45Dudley Local Plan Spatial Strategy and Policies Policy DLP46Dudley Local Plan Spatial Strategy and Policies Policy DLP4Dudley Local Plan Spatial Strategy and Policies Policy DLP10Dudley Local Plan Spatial Strategy and Policies Policy DLP11Dudley Local Plan Spatial Strategy and Policies Policy DLP39Dudley Local Plan Spatial Strategy and Policies Policy DP33
- National Planning Policy Framework
- Paragraph 11
- Judgments
- Wheatcroft Judgement
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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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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