Alterations to front elevation including revised bay windows and 2 storey atrium style entrance and 1st floor extension
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Residential Amenity
Character & Appearance
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 February 2026
by J Buxton BA(Hons) DipArch ARB RIBA
an Inspector appointed by the Secretary of State
Decision date: 18 May 2026
Appeal Ref: 6002895
18 Webb Lane, Birmingham B28 0EA
• 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 Mrs S Dayus against the decision of Birmingham City Council.
• The application reference is 2025/05389/PA.
• The development proposed is alterations to front elevation including revised bay windows and
2 storey atrium style entrance and 1st floor extension.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. Some of the information on the application form is illegible, however I am satisfied
that the appellants name and the address of the appeal site are as set out in the
banner heading above.
3. At the time of my site visit, I saw that development had commenced. I note that
what has been constructed appears to differ from that which is shown on the
submitted plans. I have considered the appeal on the basis of the information
shown on the plans and not what has been constructed on site. The appeal before
me is not retrospective, and the commencement of works does not influence my
assessment. I have determined the appeal on its planning merits, based on the
evidence provided.
Main Issues
4. The main issues are the effect of the proposed development on;
• the character and appearance of the host dwelling and the surrounding area;
and
• the living conditions of the occupiers of 20 Webb Lane with particular regard
to daylight and outlook.
Reasons
Character and appearance
The appeal property was originally a two-bedroom bungalow which is currently
being extended into a two-storey detached dwelling house following the approval of
Prior Notification Applications 2025/02599/PA and 2025/03550/PA; it is located in a
predominantly residential area. From the information before me the original building
was a double fronted bungalow with a tiled roof. The immediate surroundings are
predominantly characterised by similar bungalows with a number of two-storey
semi-detached houses located directly opposite the appeal site. The lane is defined
Appeal Decision 6002895
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by green verges with development set back behind established planting and mature
trees.
5. The proposed development would further extend the appeal property to the rear at
first floor and increase the height of the single storey rear extension; the resulting
property would be significantly larger in scale than those within the surrounding
street scene. As a result, it would appear unduly dominant and visually out of
keeping with the established pattern of development. Although the extension would
be positioned to the rear of the dwelling, the side elevation would be very prominent
when travelling along Webb Lane from Highfield Road where verge planting is
limited. Consequently, notwithstanding the existing vegetation the appeal
development would be readily apparent from the public domain such that it would
have a significant influence on the street scene.
6. The appellant argues that the Council’s concerns are confined to the rear extension
alone. However, the appeal scheme cannot be considered in isolation and must be
assessed in the context of its cumulative scale and massing, including the prior
approval schemes. When considered in this way, the combined effect of the
additions would be out of keeping with the established character and appearance of
the street.
7. The appeal property is locally listed and therefore constitutes a non-designated
heritage asset (NDHA). From my site visit, it was evident that the character of the
dwelling has already been significantly altered by the works carried out under the
prior approvals. The proposal would further erode what remains of its original form
and appearance, resulting in additional harm to the building’s significance and the
area as a whole. The increased scale and massing would visually dominate the
original bungalow form, eroding its modest architectural character. I shall return to
this matter later.
8. I have also had regard to City Note LW-16 of the Birmingham Design Guide SPD,
which provides adopted guidance on achieving high-quality design and ensuring
residential extensions respond appropriately to their setting. In this instance, the
proposal would conflict with the SPD’s design principle which requires extensions
to complement the character of their host building and its surroundings. When read
cumulatively with the approved extensions, the proposal would result in an addition
that is overly dominant and no longer clearly subordinate to the original dwelling.
The extension would therefore conflict with City Note LW-16 and would harm the
character and appearance of the property.
9. I acknowledge that the rear extension would be partially screened from public view
by trees within the garden. I do not consider that the lack of public visibility obviates
the needs to achieve good design. Indeed, paragraph 131 of the Framework states
that the creation of high-quality buildings and places is fundamental to what the
planning and development process should achieve.
10. The appellant has referred me to a number of other extensions within the
surrounding area. However, I do not have full details of those developments,
including their individual circumstances or the planning considerations that applied
to them. Based on my observations, I am not persuaded that they are directly
comparable to the appeal proposal in terms of their scale, form, or overall effect on
the street scene. In any event, their presence has not led me to a different view on
the main issue.
Appeal Decision 6002895
3
11. For these reasons, I conclude the proposed development would be harmful to the
character and appearance of the host building and the wider area. Consequently, in
this regard, it would conflict with Policy PG3 of the Birmingham Development Plan
(2017) and Policy DM2 of the Development Management in Birmingham DPD
(2021) which among other things seek to ensure development is sympathetic to
local character.
Living conditions
12. The proposal would involve increasing the height of the existing single storey
extension to the rear previously permitted by a recent Prior Approval. An additional
storey would also be added to the rear of the property which would be stepped
back from the full extent of the single storey element and would have a hipped roof
stepped down from the ridge height of the main house. It would extend the full
width of the property at first floor level.
13. The outlook from the rear windows of 20 Webb Lane (No.20) would be adversely
affected by the increased height of the single storey element of the proposal. The
expanse of brick flank wall close to the boundary would be greater than in the
previous application and this tips the balance between one which would be
significant but acceptable to one which would be overbearing and unacceptable.
Furthermore, it has not been demonstrated that the increased height would not
have a noticeable impact on light to the windows on the rear elevation of No.20.
14. The appellant states that the proposal would replace a former garage which sat on
the boundary with No.20. However, as this structure has now been removed from
the rear garden, I must consider the scheme based on the current circumstances
and based on my site visit the increase in height of the parapet would be
overbearing in this instance.
15. I therefore conclude that the proposal would have an adverse impact on the living
conditions of the occupants of No. 20, with particular regard to daylight and outlook.
The appeal scheme conflicts with Policy PG3 of the Birmingham Development Plan
(2017) and Policies DM2 and DM10 of the Development Management in
Birmingham DPD (2021), which, among other things, require development to be
appropriate to its context and not result in unacceptable adverse impacts on the
amenity of neighbouring occupiers, including effects on daylight and outlook.
Fallback
16. The consented Prior Approvals appeared to have commenced on site and therefore
represent a real and implementable fallback. However, the existence of a
commenced fallback does not mean that a materially larger or more harmful
scheme must be accepted. The permitted development fallback establishes the
scale of development that could lawfully be completed, but the appeal proposal
would increase the height to the rear single storey extension and introduce
additional first-floor bulk that is not present in the fallback scenario. These
differences would result in greater harm to both the character of the dwelling and
the living conditions of neighbouring occupiers. The fallback therefore does not
outweigh the identified harm or the conflict with Policies DM2 and DM10 and I
therefore attach limited weight to the fallback position in the planning balance.
Appeal Decision 6002895
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Planning Balance
17. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that
proposals should be determined in accordance with the development plan unless
material considerations indicate otherwise.
18. The Council states that the appeal property and the neighbouring property are
Grade B locally listed. Consequently, the appeal property should be considered as
a NDHA. Paragraph 216 of the National Planning Policy Framework (the
Framework) states that the effect of an application on the significance of an NDHA
should be taken into account in decision-making, and that a balanced judgement
will be required having regard to the scale of any harm or loss and the significance
of the heritage asset. I have no information before me regarding the significance of
the property as a NDHA nevertheless I can see that it forms part of a group of
period properties on Webb Lane of similar design origin. I have no reason to
dispute its value and status as an NDHA. Although the front façade of the property
would retain some original features, much of the remainder of the property would
be altered in some way. Consequently, in my judgement the scale of harm to the
NDHA would be significant. This is due to the combined effect of the total and
permanent loss of original historic building fabric and the harmful effects of the
proposed extension on the character and appearance of the building and the wider
area. I attach significant weight to this harm, having regard to paragraph 216 of the
Framework.
19. I have also found that the proposal would have an unacceptable adverse effect on
the outlook, and therefore living conditions, of the occupants of the neighbouring
property. I attach moderate weight to this harm in the planning balance.
20. I have considered the harm against the benefits of the proposal which include the
provision of enlarged living accommodation for the appellant and their family and
the appellant’s assertion that the appeal scheme would provide a more controlled
and cohesive form of development when read alongside the lawful prior approvals.
21. These benefits do not amount to a material consideration of sufficient weight to
indicate that a decision contrary to the development plan should be made, or which
outweighs the material harm to the NHDA. Given the findings above, the proposal
would conflict with the development plan and there are no material considerations
of sufficient weight which indicate that a decision should be made other than in
accordance with it.
Conclusion
22. For the reasons given above the appeal should be dismissed.
J Buxton
INSPECTOR
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