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

Planning appeal 6006688 at Units 5-9 Selly Oak Industrial Estate, Elliott Road, Selly Oak, Birmingham, B29 6LR (Birmingham City Council) was allowed on 1 July 2026 by Inspector B Plenty, by written representations. The main issue, as the Inspector framed it: Whether the condition, or a modified version, would remain reasonable and necessary.

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
Inspector: B Plenty
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.

What the Inspector cited

Development plan policies: Policy TP11

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.

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The 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.