Case 3352620

Former Network House, School Street, Wolverhampton, WV1 4LF

Wolverhampton City Council — appeal allowed

Outcome
Allowed
Decision date
4 March 2025
Authority
Wolverhampton City Council
Inspector
Hughes L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Matt Frow
LPA reference
24/00399/FUL
ONS LPA code
E08000031
Jurisdiction
Transferred
Link status
Not Linked
Start date
24 October 2024

Summary AI

The appeal was allowed due to the temporary use of the site as a car park, which was deemed to be in line with local plan policies. The inspector considered that the car park would maintain the site in beneficial use, generate revenue, and contribute to funding the approved housing scheme.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision Site visit made on 11 February 2025 by L C Hughes BA (Hons) MTP MRTPI an Inspector appointed by the Secretary of State Decision date: 04 March 2025 Appeal Ref: APP/D4635/W/24/3352620 Former Network House, School Street, Wolverhampton WV1 4LF • 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 Mr Matt Frow against the decision of Wolverhampton City Council. • The application Ref is 24/00399/FUL. • The development proposed is change of use of land to be used as a 24 hour car park. Decision 1. The appeal is allowed and a temporary planning permission for twelve months is granted for change of use of land to be used as a 24 hour car park at Former Network House, School Street, Wolverhampton WV1 4LF in accordance with the terms of the application, Ref 24/00399/FUL, subject to the following condition: 1) The car parking use hereby permitted shall cease on or before 12 months from the date of this decision. Preliminary Matters 2.

Page 1 · Chunk 1 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision I have not included the full description of development from the appellant’s planning application form as it makes reference to the proposal being retrospective and that is not in itself development. I was able to see on my site visit that the development has taken place and therefore I have determined this appeal on that basis. For certainty, I have taken the full address of the proposed development from the Council’s decision notice and the appeal form. Main Issue 3. The main issue is whether the proposed development is acceptable in the light of local plan policies for a comprehensive mixed-use development. Reasons 4. The appeal relates to a car park, on the site of a demolished building, Network House. The site forms part of a larger area, Westside, as set out in Policy CA2 of the Wolverhampton City Centre Area Action Plan 2015-2026 (2016) (AAP). Policy CA2 highlights that it is intended that by 2026 Westside will be developed as a new quarter for the city centre, providing a variety of uses that will bring life and activity to the area, including leisure, office, cultural, retail and residential facilities. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision Appeal Decision APP/D4635/W/24/3352620 5. Planning permission1 was granted in 2019 at the appeal site for the demolition of Network House and the erection of a six-storey building comprising 113 dwellings and associated works. 6. The Council consider that the proposed development would conflict with AAP Policy CA2 as it would discourage the redevelopment of the Westside Quarter and would not promote sustainable development. 7. I have not been provided with any substantive evidence to demonstrate that the proposed use as a car park is discouraging the redevelopment of Westside. The developer of the proposed housing scheme has detailed that they have been unable to secure the necessary funding to commence the project, but that their intention remains to develop the site in line with the regeneration vision for the area. Moreover, I note that the car park has been taken on a short-term agreement which includes a 28-day break clause for potential development, which would ensure that the housing development could begin when funds are secured. 8.

Page 2 · Chunk 3 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision The Planning Practice Guidance sets out that a temporary planning permission may be appropriate on vacant land to enable use for a temporary period prior to any longer-term regeneration plans coming forward. There is no presumption that a temporary grant of planning permission will then be granted permanently. Although the application was not for a temporary permission, the appellant has indicated in his appeal statement that a temporary permission would be acceptable. 9. A temporary permission for use as a car park would be a short-term solution for the site, which would otherwise remain vacant and unsightly. I have given weight to the proposed use as a car park maintaining the site in beneficial use, and generating revenue which could contribute towards funding the approved housing scheme. 10. AAP Policy CA2 has a key priority of improving accessibility for a variety of transport modes, including improving cycling facilities and pedestrian routes. It does, however, highlight that new multi-storey car parking facilities are a priority. Whilst the proposed car park would not be a multi-storey facility, Policy CA2 indicates that car parking within the city centre is required.

Page 2 · Chunk 4 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision I observed on my site visit that the car park was almost full, despite there being another car park immediately adjacent, which was also very well used, suggesting that there is a need for such uses at the current time at this location. 11. To conclude, I consider that the proposed development would be acceptable for a temporary twelve month period, in the light of local plan policies for a comprehensive mixed-use development, and would not conflict with AAP Policy CA2. Other Matters 12. The appeal site is adjacent to the City Centre Conservation Area (the CA). In accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 I have paid special regard to the desirability of preserving or enhancing the character or appearance of the CA. As it relates to this appeal, I consider that the significance of the CA lies in the city’s historic street patterns and the architectural 1 19/00807/FUL https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision Appeal Decision APP/D4635/W/24/3352620 and historic quality of the area’s buildings. The appeal proposal would not be an intensive alteration, and would be in keeping with the wider context of the street scene, which includes an adjacent car park. The appeal proposal would have a neutral effect on the CA and its setting, so would preserve both its character and its appearance. Conditions 13. The Council did not provide any proposed conditions in the event that the appeal was allowed. I have therefore prepared conditions in the light of the advice in the Framework and Planning Practice Guidance. As the change of use has already occurred, a commencement condition and the requirement for the scheme to accord with the submitted plans would serve no planning purpose. 14. The PPG allows for temporary permissions to be conditioned for vacant land to enable use for a temporary period prior to any longer-term regeneration plans coming forward. A condition ensuring that the permission is for a temporary period of up to twelve months is reasonable and necessary to enable the local planning authority to review the permission in the light of its intended regeneration plans for the site. Conclusion 15.

Page 3 · Chunk 6 Appeal Decision

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — Appeal Decision For the reasons given above, I conclude that the proposal would comply with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. 16. As a result, the appeal is allowed.

Page 3 · Chunk 7 L C Hughes

Former Network House, School Street, Wolverhampton, WV1 4LF — Wolverhampton City Council — L C Hughes INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
For appellant
¶10

The proposed car park was considered to be in keeping with the wider context of the street scene, and would have a neutral effect on the City Centre Conservation Area and its setting.

Housing land supply
For appellant
¶9

A temporary permission for use as a car park was seen as a short-term solution for the site, allowing it to remain in beneficial use and generate revenue which could contribute towards funding the approved housing scheme.

Green belt
Neutral

Policy CA2 of the Wolverhampton City Centre Area Action Plan 2015-2026 highlighted the need for car parking facilities within the city centre, and the proposed car park was seen as meeting this need.

Planning obligations
For appellant
¶13

A condition ensuring that the permission is for a temporary period of up to twelve months was considered reasonable and necessary to enable the local planning authority to review the permission in the light of its intended regeneration plans for the site.

Policies relied on

Reference Weight
AAP Policy CA2
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 4 March 2025 under the Open Government Licence.