1. The planning process
In the case of a conservation area like Selly Park, there is a presumption against additions and alterations to buildings that adversely affect their character and appearance, and to the conservation area as a whole. The definition of a conservation area is that it “is an area of special architectural and historic interest, the character and appearance of which it is desirable to preserve or enhance”.
Planning applications have to be made to the city council for approval of any significant proposals for change. Comments are considered by the City’s Planning Department and by the Council Planning Committee.
SPPOA systematically reviews all planning applications affecting the area and decides whether to comment. Individual residents can also comment on planning applications. This note explains how to comment, giving some case examples of comments on applications directly affecting the Conservation Area.
2. Policies and issues affecting Selly Park
The area of direct interest to Selly Park residents is now largely within the Selly Park Conservation Area which gives residents protection against inappropriate development. The Selly Park Conservation Area Character Appraisal and Area Management Plan (CAAMP) is the key document for anyone making comments on planning applications. See the CAAMP at https://sellypark.co.uk/conservation-area/
The CAAMP (page 38) sets out the main pressures on the Conservation Area. Typical issues directly affecting the Conservation Area are extensions to houses; non-conforming boundaries and fences; loss of trees; conversion of family homes to houses of multiple occupancy; traffic and car parking. Guidance on national and local policies that can help resist pressures and enhance conservation areas is given in pages 42-44 and Appendices B and C of the CAAMP.
Selly Park is also affected by changes in the surrounding areas and by general city-wide and national policies. SPPOA is affiliated with the Community Partnership for Selly Oak (CP4SO) and collaborates with other local community associations to defend the wider area of Selly Oak.
- SPPOA sends out periodic lists of planning applications with clickable links that allow you to see what is proposed and how to express your views.
- To view any application, click on the link – for example 2022/99999/PA
- This will open a page headed Details Page for Planning Application.
- Fourth line down is the link where you can write your comments.
- Scroll nearly to the bottom where there is a link “View Associated Documents”.
- Click on this to reveal the documents, and on the right-hand side click the blue icon to view the documents.
- To express your views on the application, scroll back to the top of the page where you can click on a link “Submit Comments Here”. You will be asked if you have received a letter about the planning application. It doesn’t matter if you haven’t.
- Make your points in the space provided, then enter your name, address and the type of comment (comment, object, petition, support).
- Click on the link “Submit”.
- When the city council has made its decision, you will receive a statement of the policy issues that have influenced the decision.
3. Examples of comments on planning applications
Exemplified below are a comment made by an individual resident and three made by SPPOA which introduces its comments with the statement that it “represents the residents of Selly Park and endeavours to protect and preserve the character of the Conservation Area and its surrounding areas”. Anyone can comment online, by email or by post. The cases are simply meant to illustrate what a comment might look like.
Case 1: Incremental Extension of a Property
SPPOA objects to application number….. to build a flat to the side of number …. on ….. Road, Birmingham. House number …. is within the area of the Article 4 Direction on HMOs and within the Selly Park Conservation Area. The Conservation Area was designated in recognition of its character as an area of spacious plots, generously proportioned architect designed residential properties, open spaces: “a pocket of leafy suburbia close to Birmingham City Centre”.
A previous application for an extension of the same property was approved in 2016 on the grounds that the “bulk of the extension would be located to the rear” of the property and therefore would be scarcely visible from the road. An application for a further extension was made in 2018. This could amount to a cumulatively very large extension of the original building.
The current proposal is for yet further extension; this time wholly to the side of the property. The grounds for objection are therefore those which the planning officer thought were not seriously affected by the 2016 rear extension. This side extension would be very visible from the road and would be detrimental to the character and appearance of the property and to the surrounding Conservation Area.
The proposed extension would also have a major effect on the neighbour, running as it would along the party wall so that the space between houses is completely lost. The scale of the building is considerable, and the style is not in keeping with the original building or with other neighbouring buildings in the conservation area.
Case 2: Damage to Architectural Character and Street Scene
SPPOA objects to application number……for the erection of two storey side and rear extensions at number…..Road. The property lies within Selly Park Conservation Area whose main characteristic is that it is an area of residential properties with spacious plots in a pocket of leafy suburbia. This and similar neighbouring houses sit on wide plots, generously spaced with clear views through the spaces between them to mature trees in the gardens of surrounding houses. It was and remains a good example of the suburban design of its period.
The neighbouring house was recently extended up to its western boundary by additions over the garage and into the garden. Being at the furthest end of the group of houses, it does not impinge on the spaces between them or have an adverse impact on the street scene. The gap between houses, whilst smaller than the other gaps in the group, has been fully retained.
By contrast, the current proposal is an example of an expansion of a traditional detached dwelling to fill the space around it up to the limits allowed by the plot and the council’s 45 degree code. If neighbours were to follow suit, this would destroy the character of the group, creating a continuous wall of buildings without breaks between them. Generous gaps remain between other houses in this group, but the current proposal would close up the gap between numbers ….. and……
With this proposed extension, house number…. would become a very big property that would have lost its original proportions and affinity with its neighbours. The extension would add 60% to the width of the frontage. There would be no structural definition between the original house and the extension as this would continue in the same vertical plane and with the roof extended along the same ridge line, roof slope and verge line. The officer’s report on the proposals for house number …. commended the absence of any detriment to the architectural appearance or character of the host property. We do not think this comment could be applied to the current proposal for house number …. where the proposed extension is disproportionate to the original street character of the property.
Case 3: Gates and Fences Out of Character with the Area
I [name of an individual resident] object to application number… for the approval of the erection of gates and high fences at……. The plans provided with this application are rudimentary so it is not entirely clear what is being requested and therefore what would be the outcome of this application being approved. However, the application refers to raised boundary fences and walls with electronically controlled gates. Such boundaries create barriers within the street scene and for the community, and they are out of character with the area.
I refer to the Character Appraisal and Management Plan (CAAMP) for Selly Park which was approved in 2022. This notes that the Selly Park Conservation Area is a unique and valued asset with a special architectural and historic character. The CAAMP document refers to the non-building aspects of the area including gates, walls and fences. On pages 42 and 43 the document refers to a presumption in favour of retaining traditional boundary treatments and for developments to demonstrate adequate regard to the character of the area. It is characteristic of this area that properties have front gardens with low walls, fences, gates etc. These are essential parts of Selly Park’s identity and heritage.
The city council’s commitment to ensuring this asset endures for the enjoyment of future generations of Selly Park can best be achieved by working together with local people and community organisations. It is for these reasons that I ask the Council to refuse to approve this application.
Case 4: Conversion of Family Home to House in Multiple Occupation
SPPOA objects to application number….. for change of use of this dwelling house at number …. Bournbrook Road to an HMO. The objection is made for the following reasons:
Impact on the character of the area: Elsewhere in Bournbrook, the city council has argued that the large number of existing HMOs within the area would justify allowing further HMOs, on the grounds that the loss of an existing family dwelling would have little impact upon the character of the area. This is emphatically not the case of number …. Bournbrook Road. The odd numbered side of the road very largely consists of family occupied dwelling houses, whereas the even numbered side has become heavily occupied by HMO conversions. This is a dividing line where the transformation of the character of the ward should be stopped.
Article 4(1) implements the provisions of Policy DM11 of the Development Management in Birmingham which states that HMOs will only be permitted where they would not result in HMOs forming over 10% of the number of residential properties within a 100m radius of the application site; and would not lead to a continuous frontage or three or more HMOs. On the opposite (even numbered) side of the road but within 100 metres of number … Bournbrook Road, all but one or two of the houses are now HMOs. By comparison, along the whole of the odd numbered side of the road from the corner of Serpentine Road to Elmdon Road, we count 36 family dwelling houses and 7 HMOs.
Under the City Council’s ‘Selly Park Conservation Area Appraisal and Management Plan’ (CAAMP), the odd numbered side of Bournbrook Road is scheduled to join the Selly Park Conservation Area. The Conservation Area was designated by Birmingham City Council on 13th May 2009 in recognition of its status as an area of ‘spacious plots and generously proportioned architect designed residential properties, open spaces; a pocket of leafy suburbia close to Birmingham City Centre’. The proposed conversion of the building to an HMO and the construction of a new first floor flat roof is clearly out of keeping with that description. The development would therefore conflict with the National Planning Policy Framework and with policies TP12 and PG3 of the Birmingham Development Plan (BDP).
Note: the odd numbered side of Bournbrook Road became part of the Conservation Area in August 2022.