Planning and Development

PO Box 28, Birmingham B1 1TU

DECISION DOCUMENT
APPLICATION NUMBER: 2022/01466/PA

TOWN AND COUNTRY PLANNING ACT 1990

BIRMINGHAM CITY COUNCIL HEREBY REFUSE PLANNING PERMISSION FOR DEVELOPMENT PROPOSED
BELOW FOR THE REASONS STATED.

Erection of two storey side and single storey rear extensions and subdivision of the dwellinghouse (Use Class
C3) into 6 flats (Use Class C3)
at
136 Hamstead Road, Handsworth, Birmingham, B20 2QR

Reason(s) for Refusal

1 There is an undersupply and evidenced demand in the City for housing of the size and nature of the
dwelling to which this proposal relates. The application has provided insufficient planning justification or
evidenced social need for the proposed conversion of this family sized dwelling to be converted to self-
contained flats. No evidence has been provided that warrants the loss of the existing large
dwellinghouse. As such the proposal would be contrary to Policies PG3, TP27 and TP30 of the
Birmingham Development Plan 2017, Policy DM12 of the Development Management in Birmingham
Development Plan Document 2021, Policy H7 of the Aston, Newtown and Lozells Area Action Plan 2012
and the National Planning Policy Framework.
2 The proposed development would lead to No 134 Hamstead Road, a single family sized dwellinghouse,
being positioned and located between two non-family residential uses, which would create
unacceptable living conditions for the future occupiers of No 134 by way of noise and disturbance and
impact upon its amenity. As such, it would be contrary to Policy PG3 of the Birmingham Development
Plan 2017, Policy DM2 and Policy DM10, DM11 and DM12 of the Development Management in
Birmingham DPD 2021 and the National Planning Policy Framework.
3 The proposal does not comply with the 45 degree code and would lead to a loss of outlook and light to
No 184 Hamstead Road. As such the proposal would be contrary to Policy PG3 of the Birmingham
Development Plan 2017, Policy DM2, DM10 and DM12 of the Development Management in Birmingham
DPD 2021, Birmingham Design Guide SPD 2022 and the National Planning Policy Framework.

Date: Thursday 1st December 2022

Ian J. MacLeod
_______________________________________________________________
Ian MacLeod, Director of Planning, Transport and Sustainability

P.O. BOX 28, Birmingham B1 1TU

INFORMATIVE NOTE(S) (if any)

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In reaching this decision the Local Planning Authority has taken into account paragraph 38 of the National
Planning Policy Framework which details the need to work proactively and positively with applicants to secure
developments that improve the economic, social and environmental conditions of the area. In this case the
council has not been able to identify a positive or proactive solution that would overcome the identified policy
conflicts as set out in the officers report and referred to in the reason(s) given.

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Water supplies for fire fighting should be in accordance with the "National Guidance Document on the
Provision for Fire Fighting" published by Local Government Association and WaterUK

Please ensure that you visit the following link before commencing any development:
http://www.water.org.uk/home/policy/publications/archive/industry-guidance/national-guidance-
document/national-guidance-document-on-water-for-ffg-final.pdf

For further information please contact the West Midlands Fire Service Water Office at water.officer@wmfs.net

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If you want to appeal this decision and to use the inquiry procedure, you now need to tell us, and the
Planning Inspectorate, at least 10 working days in advance of appeal submission by emailing
inquiryappeals@planninginspectorate.gov.uk and planning.appeals@birmingham.gov.uk of your intention.
More information on this and a template to attach to your email can be found at
https://www.gov.uk/government/publications/notification-of-intention-to-submit-an-appeal. Infomation and
links to making any appeal can be found at https://www.gov.uk/appeal-planning-decision.

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