- Decision
- allowed, 24 August 2026
- Decided by
- Planning Inspector: Gary Deane
- Authority
- Sandwell (West Midlands)
- Appeal reference
- 6009660
- Application reference
- DC/25/71294
- Procedure
- written representations
- Development
- Change of use from 6-person HMO (C4) to 7-bed sui generis HMO
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- TR6(4)
- Development plan policies
- Black Country Core Strategy ENV3, Sandwell SAD DPD EOS9
- Main issues
- on-street parking and highway safety
Summary
A one-bedroom increase to an HMO was allowed. The Council's refusal rested on the Framework alone. The Inspector applied new TR6 directly: "the test before me is the effect of the increase from 6 to 7 residents … not existing parking conditions generally", and spare capacity within reasonable walking distance meant no unacceptable safety or severe cumulative impact (DL ¶¶11–12).
What made the difference
The appellant's parking survey showed spare capacity on a street reachable by a lit route with a signal crossing (DL ¶10). The test was the increment, not the existing parking stress.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| TR6(4) | pass | one extra resident's parking can use spare capacity on Jockey Lane, reached via signal crossing; not unacceptable safety or severe cumulative impact (DL 7-12) |
Key facts
- Refusal reason cited only the Framework, no plan policy
- Nearest streets at or over capacity; Jockey Lane consistently had spare spaces
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.