# 6 Rooth Street, Wednesbury

- **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
- **Tags:** tier-2, hmo, tr6-highway-safety, parking-stress

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/published-document/33df9713-c5b2-43cd-b3d2-12f931d8b843
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009660

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009660.html

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