Walsall Council has reversed its earlier position and will now oppose plans to construct two five-bedroom homes on Barr Lakes Lane, despite having approved the proposal last year.
The initial approval came from the council’s planning committee in June 2022, though planning officers had recommended refusal due to objections from five statutory consultees and 25 local residents and interested parties.
At that time, the council’s principal solicitor cautioned that approving development within the Great Barr Conservation Area might leave the authority vulnerable. Committee members believed the land was previously developed and could be categorised as “grey belt” rather than protected green belt.
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The boundary of the protected conservation area was under review during the last decision, with an expectation that the site might be excluded. However, the review concluded without changing the boundary lines, confirming the site remains within the conservation zone.
Highways concerns were also raised, with members suggesting passing bays could alleviate traffic issues on Barr Lakes Lane. However, the applicant does not own the land needed to implement these improvements.
Following the committee’s approval, applicant Shahzad Akram submitted additional information, which reduced the reasons for refusal from seven to four. These remaining concerns included inappropriate development in the green belt, harm to open countryside and the conservation area, and highways issues.
Despite the approval, no decision notice was issued to Mr Akram, who subsequently lodged an appeal with the planning inspectorate due to non-determination.
This led to the application being reconsidered at a planning committee meeting on 30 July to decide if it would have been approved or refused had it not been referred to appeal. The committee makeup had changed since the previous meeting due to local elections and a reduced number of members.
At the July meeting, local resident Jenny Hulme, speaking on behalf of Robert Winkle and the Beacon Action Group, criticised the original approval. She described the application as “most nefarious” and the previous committee meeting as “most irregular,” questioning the integrity of some committee members.
However, Councillors Aftab Nawaz and John Murray, who served on both committees, defended the earlier decision as made in good faith. Councillor Murray noted he had considered the site previously developed and an eyesore but indicated he could no longer support development if the site remained designated as green belt.
Councillor Nawaz argued that it was “inconceivable” the site is not, at minimum, grey belt, citing other areas being designated as such in the Walsall Borough Local Plan. Nonetheless, when he moved to approve the plans, no other member seconded this motion.
Instead, Councillor Rohan Beecha proposed that the plans be refused in line with officers’ recommendations, a motion which carried. He emphasized, “We can’t ignore the fact that this proposed development is in the green belt. That alone is sufficient grounds to refuse the application. If we approve this we set a dangerous precedent for other developers.”
The council’s formal refusal will now be considered by a government planning inspector, who will make the final determination on the proposal.