Solihull taxpayers are facing another bill after a government inspector ruled that a new wall and gate at a property in Lovelace Avenue do not need to be torn down. This decision ends a year-long saga over a retrospective planning application for the home, where mansions sell for over £1 million.
Background of the Case
At a Solihull Council planning committee meeting in August last year, homeowner Trevor Coates highlighted 20 properties in the street with walls, gates, or railings of similar scale and design. During public consultation, 11 neighbours submitted objections, including that the development was “an insult to planning regulations.”
Planning officer Kim Allen told committee members they were “confident” the wall had not been placed over existing drains, based on feedback from Severn Trent Water. However, councillors voiced concerns about drainage. Committee chairman Councillor Bob Grinsell said: “My concern is the steepness of the slope of the drive, then the steepness of Lovelace Avenue that heads all the way down to the bottom property.”
When put to a vote, councillors voted by a majority to refuse permission. Following that vote, Mr Coates appealed to the government inspectorate.
Inspector's Decision
A government planning officer visited the site in March. In an appeal decision notice, Inspector John Morrison wrote: “The scale and composition of the wall, gates and other supplementary works do not appear jarring or out of place. The development does not result in unacceptable harm to the character and appearance of the area. I have no reason to believe the development would lead to an increase in flood risk locally with specific regard to surface water runoff. I have seen no compelling evidence to demonstrate how the wall crosses public and private drains. The appellant has conducted surveys of the drainage which has clarified the walling has not detrimentally affected the system.”
Mr Morrison concluded: “I have considered all submitted evidence and my representative’s report and on that basis the appeal is allowed and planning permission is granted.”
Costs Awarded
In a separate decision, Mr Morrison also awarded costs to the successful appellant after finding the council had acted unreasonably, forcing him to waste “time and resources.” Mr Coates told the Local Democracy Reporting Service: “Another waste of time and money by the council for what was a very small, simple and ultimately recommended wall to a residential property at the very end of a private road. After two years of unnecessary and avoidable aggravation, stress and cost we can hopefully move toward closure.”
This decision is the third within weeks lost by the authority where the inspector awarded costs. In the other decisions—regarding an extension to a property in Shirley and another home extension in Knowle—the council similarly received criticism over its behaviour.
To read the full judgement on the Lovelace Avenue property, search for application PL/2025/00910/MINFHO at https://publicaccess.solihull.gov.uk/online-applications.
