26 Barston Road, OLDBURY, Sandwell, B68 0PS

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — Appeal Decision Site visit made on 7 May 2024 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 17 May 2024 Appeal Ref: APP/G4620/W/23/3324823 26 Barston Road, Oldbury, Sandwell B68 0PS • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Miss Kashina Smith on behalf of Heartled Children's Residential Care Ltd against the decision of Sandwell Metropolitan Borough Council. • The application Ref is DC/23/68158. • The development proposed is Change of Use - To a 3/4 Bedded Children's Home. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the living conditions of neighbouring occupiers with regard to noise and disturbance. Reasons 3. The appeal property is a semi-detached dwelling located within a dense residential area. There is an extant planning permission for two-storey extensions and a dormer loft conversion which the proposed change of use would utilise to enable three young people to be cared for at the property. 4.

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — Appeal Decision Care would be provided by one senior and two support workers and also a manager who would be onsite Monday to Friday. As a result, there would be four staff during the day. Two staff would sleep in the property during the night and the young people would be aged between 8 and 18 years old. 5. The proposed use would result in several staff being required at different times of the day and night which would mean that there would be staff changeovers to facilitate this. There is very little information about when these changeovers would take place however they could potentially be at early and late times of the day, including at weekends. 6. While I note that the property could be used as a family home, with several vehicles, the proposal has the potential to result in six car movements during changeovers. Even if all the staff did not have access to a car, the changeover period would still be noticeable from staff entering and leaving the property. These patterns of movement would be unusual and noticeably different when compared to other residents leaving and arriving home for work, even when taking account of potential visitors albeit these would be less frequent than the twice daily changeovers.

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/G4620/W/23/3324823 7. I am also mindful that during staff changeover that people could be arriving and leaving at slightly different times which could result in the changeover period being extended and therefore being more noticeable, particularly as four members of staff are required during the day. This level of turnover would be unusual in the residential context of the area and therefore result in noise and disturbance to neighbouring occupiers. 8. I acknowledge that the young people would attend school during the day which would be normal in the context of the residential character of the area. However, they would also be required to attend appointments on and off the appeal site. While I note that these are every six to eight weeks, it is unlikely they would take place at the same time for each young person and therefore would result in further movements which would worsen the already high frequency of comings and goings. 9. I note the Council raise concern over the use of three floors which could lead to noise and disturbance issues to neighbouring occupiers.

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — Appeal Decision However, the dense residential character of the wider area means that a home occupied by a large family would not be unusual, especially in a large five-bedroom home. There is therefore no evidence to suggest that there would be an increase in noise and disturbance from the property itself above that of a normal large family home. 10. Notwithstanding my findings on noise and disturbance from inside the property itself, I conclude that the proposed development would harm the living conditions of neighbouring occupiers with regard to noise and disturbance from the frequent comings and goings. It would be contrary to Policy SAD H4 of the Site Allocations and Delivery Development Plan Document Adopted December 2012 which amongst other things, seeks to ensure that development is compatible with adjacent uses. Other Matters 11. The Council consider that sufficient car parking would be provided for the proposal for which I have no reason to conclude otherwise. However, this is a neutral matter. 12. I note that the proposal is intended to be managed in order to provide essential support and care for young people, which aims to positively impact their lives. However, these benefits do not outweigh the harm I have identified.

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — Appeal Decision Conclusion 13. For the reasons given above the appeal should be dismissed.

26 Barston Road, OLDBURY, Sandwell, B68 0PS — Sandwell Metropolitan Borough Council — D Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 2