Appeal 6006047

The appeal is allowed and planning permission is granted for the erection of a self-build two storey detached dwellinghouse (Use Class C3) with associated access, parking and landscaping at [site address] , Birmingham [postcode] in accordance with the terms of the application, Ref 2025/02585/PA, subject to the conditions in the attached schedule.

The appellant advances the proposal as a self-build dwelling. During the appeal, a Planning Obligation pursuant to s106 of the Town & Country Planning Act 1990, in the form of a [name], was submitted by the appellant to secure the delivery of the dwelling as a self-build dwelling meeting the definitions of the [name] and Custom Housebuilding Act 2015. The council was invited to comment on the Obligation although no response was forthcoming.

As an appropriately executed Planning Obligation meeting the tests in the National Planning Policy Framework (the Framework), I am satisfied that it would be a suitable mechanism to ensure that the proposal is delivered as a self-build dwelling, and that therefore the relevant exemption to the statutory requirement to deliver a minimum 10% [name] has been appropriately secured.

The main issue is the effect of the proposal on the character and appearance of the area.

The character of [address] is defined by the similarity in appearance of the detached two-storey Edwardian dwellings which align both sides on continuous frontages. Properties are set on consistent building lines behind driveways and front gardens with mature landscaping, and the street scene has a pleasant, verdant character.

The appeal site lies adjacent to [site address] and currently forms part of the rear gardens of 183 – [address]. It contains several trees and is currently screened behind substantial timber boundary fencing. Opposite the site, the comparable rear garden of [address] contains a substantial single storey building which the council advises is in ancillary residential use. The building appears as an anomaly in the street scene and has the appearance of a detached bungalow.

The proposed dwelling includes features which are reflective of surrounding properties including a dominant pitched roof, a two-storey bay projection and a hipped lean-to roof over the integral garage and front door. The marginally recessed western side of the dwelling reflects the appearance of No 75 opposite, which incorporates a two-storey side extension. The alignment of the dwelling would coincide with the adjacent properties to the east, providing an equivalently sized front garden and a vehicular access from [address].

Due to the comparable design, alignment and scale of the proposed dwelling, it would comfortably sit alongside [site address] and be read as a natural continuation of the existing row of properties along this side of the road, reinforcing the character and distinctiveness of the street scene.

The enclosed rear gardens of [address] properties do little to add to the distinctive character of [address] described above. Whilst they contain no built development, their enclosure from the street means they do not appreciably provide a sense of openness in the street scene. As a result, the reduction in the length of these gardens would not cause unacceptable harm to the appearance of the predominantly built-up [address] street scene. The remaining gardens would still leave an appreciable distance between the proposed and existing dwellings, significantly larger than that on the opposite side of the road where the large extension to no 75 and the significant single storey building behind [address] result in a near-continuous built-up frontage.

The proposal would not be apparent from, nor negatively affect, the [address] street scene. In addressing [address] with direct access from it, and an appearance, siting and layout in common with its neighbours, the dwelling would not represent unacceptable backland development as suggested, but rather a harmonious continuation of the existing street scene, reflective of the established local density and grain.

Taking all of the above into account, I find that the proposal would reflect and maintain the character and appearance of the area. As such, it would accord with Policy PG3 of the Birmingham Development Plan (2017) and the guidance of the [name] which both require, amongst other things, new development to demonstrate high design quality, respond to local character and reinforce local distinctiveness.

The Highway Authority raise no concerns over parking, and the provision of one additional driveway to [address] would not lead to the displacement of on-street parking to the extent sufficient to cause significant harm to highway safety.

The proposal in the dismissed appeal APP/P4605/W/21/3281665 differs considerably to that before me in terms of its design, scale, layout and plot size. In that case, the Inspector found that the proposed dwelling would not sit comfortably in the street scene, appearing cramped and incongruous. The current proposal would reflect the character of the [address] street scene, preserve a more notable distance from [address] properties and complement its neighbours. Accordingly, this appeal decision is not comparable and does not weigh against the

Since the submission of this appeal, a planning application has been approved by the council, relating to the properties fronting [address] to the west of the site (ref: 2025/02531/PA). That permission allows for two additional dwellings fronting [address] and the approved plans indicate the reduction in the garden lengths of existing properties to coincide with the appeal site’s western boundary. I am satisfied that the implementation of that planning permission would have no material effect on the appeal proposals, having regard to the siting of the approved dwellings, adjoining the existing properties on [address], and their distance from the appeal site boundary.

I have considered the council’s suggested conditions against the tests in the Framework and the advice in the Planning Practice Guidance (PPG).

To define the permission and control the timescale for implementation, I have included conditions specifying the duration of the permission and the approved plans. Conditions relating to external materials and landscaping proposals are included to ensure an appropriate standard of external appearance. A condition requiring the retention of a pedestrian visibility splay is included in the interests of highway safety and a condition to ensure the appropriate protection of retained trees on site during construction is included in the interests of protecting the health and longevity of the trees.

No evidence has been provided to justify the inclusion of a condition requiring a site assessment to identify any contaminated land and any subsequently required remediation works. The site is formed of domestic gardens and without such evidence, I have no reason to suspect harmful contaminants would be present. I am accordingly not convinced that such a condition would be necessary and that it would meet the tests of the Framework. I have also excluded the suggested land levels condition given that the site is relatively flat and proposed ground and floor levels are shown on the “[address] Scene” and “[name]” plans.

I have amended the suggested conditions requiring details of external materials and landscaping to remove details unnecessary in ensuring that the development complements its neighbours, and have amalgamated with it the requirement for boundary treatment details for efficiency.

The proposal would accord with the development plan as a whole and there are no material considerations which would suggest a decision other than in accordance with it. Accordingly, the appeal is allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: • BEA/006B (Location plan) • BEA/001D (Site Plan) • BEA/010 (Ground & First Floor Plan) • BEA/011 (Front and [name]) • BEA/012 ([name]) • BEA/008A ([address] Scene) • Arboricultural Impact Assessment [name] (April 2025)

No development above ground level shall occur until details of external materials to be used in the construction of the development have been submitted to and approved in writing by the local planning authority. Details shall include bricks and roof tiles, rainwater goods and windows (including surrounds, glazing systems and reveals). The development shall thereafter be carried out in accordance with the approved details.

The development shall not be first occupied until a scheme of landscaping has been submitted to and approved in writing by the local planning authority. The scheme shall include details of new planting to the front of the dwelling, hard surfacing materials, all boundary treatments and an implementation programme. The approved works shall then be carried out in accordance with the approved details and programme. Any trees or plants which, within a period of 5 years from the completion of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

The protection of existing trees to be retained in accordance with the approved site plan shall be achieved as follows: a. No equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with details which shall be submitted to and approved in writing by the local planning authority beforehand; b. If that fencing is broken or removed during the course of carrying out the development, it shall be immediately repaired or replaced with identical fencing; c. Within the areas fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing or use of other materials or substances shall take place, nor shall fires be lit. d. The fencing shall be maintained in position until all equipment, machinery and surplus materials have been moved from the site.

A pedestrian visibility splay of 3.3 metres by 3.3 metres by 0.6 metres shall be incorporated at the access point to [address] before the driveway is brought into use and shall be maintained free of any obstacle exceeding 0.6 metre in height thereafter. *End of Schedule*