Walsall Council has formally withdrawn its support for a scheme to build two five-bedroom homes on green belt land, after a newly constituted planning committee voted to refuse the application on July 30. The decision reverses an approval granted by the previous committee in June last year and means the authority will now contest the proposals when they go to appeal. Many of the committee members have changed since the previous meeting, following local elections and a reduction in the size of the committee.
The original approval was granted despite planning officers recommending refusal. Officers had cited objections from five statutory consultees and 25 neighbours and interested parties, along with concerns that the development would harm the character of the Great Barr Conservation Area. At the time, the council's principal solicitor warned members that approving the plans would put the authority in a "vulnerable position" because the site fell within the protected conservation area.
Why the committee changed its mind
At last year's meeting, members of the planning committee believed the land, though within the green belt, had been previously developed and could therefore be classified as "grey belt". This designation would have made the development more acceptable in planning terms. Members also expected that a review of the conservation area boundary would move the site outside the protected zone, and they suggested that passing bays could be created on Barr Lakes Lane to address highway safety concerns.
Those assumptions have since unraveled. The review of the conservation area boundary has concluded with no changes, meaning the site remains firmly inside the protected zone. In addition, the applicant, Shahzad Akram, does not own the land that would be required to construct the passing bays, and no agreement has been reached with the landowner to carry out that work.
At the July 30 meeting, new planning committee members said they could no longer rely on those earlier expectations. Councillor John Murray, who served on both the previous and current committees, explained that he had originally viewed the site as previously developed grey belt and an eyesore. However, he said he could no longer support the application if there was any indication that the site could genuinely be considered green belt.
Appeal and new evidence
Mr Akram, the applicant, had submitted additional information after the original approval, which reduced the number of grounds for refusal from seven to four. The remaining reasons were: inappropriate development in the green belt, harm to the open countryside, harm to the conservation area, and highway safety. Nevertheless, no decision notice was ever issued, prompting Mr Akram to appeal to the planning inspector on the grounds of non-determination.
Because the appeal was lodged on the basis that the council had failed to determine the application, the committee was asked to state whether it would have approved or refused the application had the appeal not been made. This procedural step led to the fresh vote on July 30, and this time members chose to back the officers' recommendation to refuse.
Residents and councillors speak out
During the debate, local resident Jenny Hulme, speaking on behalf of Robert Winkle and the Beacon Action Group, called the application "most nefarious" and described last year's planning meeting as "most irregular". She went on to say that the earlier decision "raised serious questions about the integrity of committee members". Both Councillor Aftab Nawaz and Councillor John Murray rejected that accusation, insisting the earlier approval was made in good faith based on the information available at the time.
Councillor Nawaz said he found it "inconceivable" that the site should not be considered grey belt "at best", pointing out that council planning officers are designating agricultural fields between Pheasey and Streetly as grey belt in the emerging Walsall Borough Local Plan. He moved that the plans be approved, but no other member seconded his motion. Councillor Rohan Beecha instead moved that the plans be refused, in line with the officers' recommendation, and the committee voted in favour.
Cllr Beecha said: "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."
What happens next
The council's refusal will now be submitted to a government planning inspector, who will consider the appeal and decide whether to approve or reject the plans. The inspector's decision will be binding and will settle the future of the Barr Lakes Lane site. The case highlights the ongoing tension between green belt protection and housing delivery in the West Midlands, as well as the complexities that can arise when committee decisions are made during boundary reviews and before all technical details are resolved.
