HIMLEY GARDEN BUILDINGS, ADJACENT 19, MAYPOLE HILL, HALESOWEN, West Midlands, B63 2NZ

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

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.

Framework references: 11

Plan policies cited: Black Country Core Strategy Policy ENV1, Black Country Core Strategy Policy ENV5, Black Country Core Strategy Policy HOU2, Black Country Core Strategy Policy ENV2, Black Country Core Strategy Policy ENV3, Black Country Core Strategy Policy CSP4, Dudley Borough Development Strategy Policy S21, Dudley Borough Development Strategy Policy L1, Dudley Borough Development Strategy Policy S6, Dudley Borough Development Strategy Policy S8, Dudley Borough Development Strategy Policy S22, Dudley Local Plan Spatial Strategy and Policies Policy DLP32, Dudley Local Plan Spatial Strategy and Policies Policy DLP45, Dudley Local Plan Spatial Strategy and Policies Policy DLP46, Dudley Local Plan Spatial Strategy and Policies Policy DLP4, Dudley Local Plan Spatial Strategy and Policies Policy DLP10, Dudley Local Plan Spatial Strategy and Policies Policy DLP11, Dudley Local Plan Spatial Strategy and Policies Policy DLP39, Dudley Local Plan Spatial Strategy and Policies Policy DP33

Judgments cited: Wheatcroft Judgement

Read the decision letter on the Inspectorate’s site

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.