123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB
Birmingham City Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 2 July 2024
- Authority
- Birmingham City Council
- Inspector
- Felgate J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- MR Mazyar Shirali
- LPA reference
- 2023/05220/PA
- ONS LPA code
- E08000025
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 9 May 2024
Summary AI
The appeal was allowed for a loft conversion with roof lights and rear dormer window at 123 Brunswick Road, Birmingham, subject to conditions. The inspector found that the development would not harm the area's character or appearance and would accord with relevant planning policies.
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123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision Site visit made on 29 May 2024 by John Felgate BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 02 July 2024 Appeal Ref: APP/P4605/W/24/3343613 123 Brunswick Road, Sparkbrook, Birmingham B12 8PB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Mazyar Shirali against the decision of Birmingham City Council. • The application Ref 2023/05220/PA, dated 13 September 2023, was refused by notice dated 6 November 2023. • The development proposed is “loft conversion with roof lights, rear dormer window and new open plan floorplan at 1st storey flat”. Decision 1. The appeal is allowed, and planning permission is granted for a loft conversion with roof lights and rear dormer window, at 123 Brunswick Road, Sparkbrook, Birmingham B12 8PB, in accordance with the application Ref 2023/05220/PA, dated 13 September 2023, subject to the following conditions: 1) The development hereby permitted shall be commenced not later than three years from the date of this decision.
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision 2) The development shall be carried out in accordance with the approved plans, Nos 05 ‘Proposed Floor Plans and Roof Plan’, and 06 ‘Proposed Elevations’. Reasons 2. The eastern section of Brunswick Road, within which the appeal property is situated, forms part of a former Council housing estate laid out in the 1960s or thereabouts. The architectural style is typical of that period, with simple building shapes and a conscious lack of ornamentation. No 123 itself is a self- contained first-floor maisonette. To one side, the adjoining properties are mainly 2-storey terraced houses, with some 3-storey flats just beyond. To the other side are a row of terraced bungalows. Opposite is a school complex with a variety of modern buildings. 3. The existing accommodation at No 123 comprises a modest-sized living/dining area, a small separate kitchen, one bedroom and a small shower room. The development now proposed would add a box-shaped dormer roof extension to the rear, enabling the bedroom to move into the second-floor loft space, with a slightly larger bathroom.
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision Additional natural light would be obtained from two new front-facing rooflights On the main first floor level, the existing partition walls would be removed, to create a larger lounge/dining/kitchen space. https://www.gov.uk/planning-inspectorate
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision Additional natural light would be obtained from two new front-facing rooflights On the main first floor level, the existing partition walls would be removed, to create a larger lounge/dining/kitchen space. https://www.gov.uk/planning-inspectorate
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision Appeal Decision APP/P4605/W/24/3343613 4. The new dormer would fill most of the rear roof slope. It would have a plain rectangular shape, with a flat roof. But the dormer roof would be set below the building’s main ridge line, and the front and side faces would all be set well in from the main external walls below. The dormer would therefore be a subordinate element in the building as a whole. And whilst the design would be fairly plain, its style would be generally in keeping with that which prevails in the surrounding area. 5. I accept that the dormer would be visible in angled views along Brunswick Road, and would be the only development of its type in this part of the street. But, given its subordinate nature, for the reasons already explained, it would not appear over-dominant. And since its design would be acceptable, it would not appear discordant. 6. The two proposed rooflights would be small and unobtrusive. Their impact on the street scene would be minimal. In any event, their style would again be in keeping with the property and the surroundings, and would cause no harm of any kind. 7. Overall therefore I find that the proposed development would cause no significant harm to the area’s character or appearance.
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision It follows that the scheme would accord with, or avoid conflict with, the relevant planning policies. These include Policy PG3 of the Birmingham Development Plan (adopted January 2017), and Policy DM2 of the Development Management DPD1 (adopted December 2021), which together seek high standards of design and amenity. I can also see no conflict with the relevant provisions of the Birmingham Design Guide, which requires roof extensions to respond to the style and scale of the existing building. 8. In addition, the development would have the benefit of significantly improving the quality of the existing residential unit. It would also generate a small but nonetheless tangible injection into the local economy, in the form of investment, spending and employment. These benefits reinforce my conclusion that the development should be allowed to proceed. 9. For the reasons set out above, I conclude that the proposed development would cause no harm to the area’s character or appearance, and would thus accord with the most relevant planning policies. All of the other material considerations identified add further weight in favour of approval. 10.
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — Appeal Decision Conditions are needed to limit the timescale for implementation, to accord with the relevant legislation; and also to ensure compliance with the approved plans, to provide certainty as to the nature of the permission. Subject to these conditions, permission should clearly be granted. The appeal is therefore allowed.
123 Brunswick Road, Sparkbrook, BIRMINGHAM, B12 8PB — Birmingham City Council — J Felgate INSPECTOR 1 Development Plan Document https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Heritage impact For appellant ¶4
The dormer would be a subordinate element in the building and its design would be generally in keeping with the surrounding area.
Character and appearance For appellant ¶4
The dormer would not appear over-dominant and its design would be acceptable, causing no harm to the area's character or appearance.
Character and appearance For appellant ¶6
The two proposed rooflights would be small and unobtrusive, causing no harm to the area's character or appearance.
Living conditions For appellant ¶8
The development would significantly improve the quality of the existing residential unit.
Policies relied on
| Reference | Weight |
|---|---|
| Policy PG3 of the Birmingham Development Plan (adopted January 2017) |
Substantial |
| Policy DM2 of the Development Management DPD1 (adopted December 2021) |
Substantial |
| The Birmingham Design Guide |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 2 July 2024 under the Open Government Licence.