Units 5-9 Selly Oak Industrial Estate, Elliott Road, Selly Oak, Birmingham, B29 6LR

the “Variation of conditions 1 (approved plans), 17 (arboricultural method statement), 19 (construction environment management plan) and 20 (construction method statement) attached to approval 2020/00376/PA to incorporate phasing plans and enable phased discharge of conditions” (which related to the erection of a block of purpose built student accommodation containing 523 bed spaces) without complying with a condition attached to planning permission Ref 2022/08427/PA, dated 5/1/23

Authority: Birmingham City Council
Appeal type: Planning
Procedure: Written
Development: other
Postcode: B29 6LR

Main issues, as the Inspector framed them

Whether the condition, or a modified version, would remain reasonable and necessary

What decided it

The deletion of the affordability requirement (criterion g) was justified because it was imprecise, not a planning requirement under either Policy TP11 or the NPPF, and unreasonably restricted the condition to a single operator, whereas the condition should focus on securing replacement gymnastics use rather than exclusive provision for the current operator.

Plan policies cited: Policy TP11

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.