Appeal success for new dwelling in Four Oaks conservation area
- TP Editorial Team
- Sep 11, 2017
- 2 min read
We are delighted to have won an appeal and obtained planning permission for a replacement dwelling in the Four Oaks Conservation Area, Sutton Coldfield. The dwelling lies next to a Grade II listed building, Yates House, and there are trees within the site protected by a Tree Preservation Order.
Tyler Parkes’ appeal submission was supported by a heritage statement prepared by Keystone Heritage and an arboricultural report prepared by Marlow Consulting Ltd.
Our client came to us following a history of previously refused planning applications and a dismissed appeal on this site. This appeal followed Birmingham City Council’s refusal of the latest proposal on the grounds that, in their opinion, the scale, building width and siting of the replacement dwelling and its encroachment into the curtilage of the listed building would have resulted in harm to the setting of the listed building, failing to preserve or enhance that setting, and harm to the character and appearance of the conservation area. In the LPA’s opinion, this would have led to harm to the significance of these heritage assets. In addition, the council refused the proposal on the grounds of an insufficient tree survey/ arboricultural statement to enable the assessment of the development on the preserved trees on the site. The Council considered the appeal proposal to be contrary to national and local planning policy and guidance.
In allowing the appeal, the Inspector found that the proposal for the replacement dwelling would only have very limited harm to the setting of Yates House, would enhance the character and appearance of the Conservation Area and would not have a harmful effect on the preserved trees. Accordingly, planning permission was granted, much to the delight of the appellant and Tyler Parkes.
