Inspectors’ decisions may be clues for new planning regulations

Councillors are complaining their planning powers have been curtailed by new rules which mean unelected officers will make almost all decisions.

The regulations came into force at the end of October 2026 and only applications which raise significant issues can now be decided by councillors after a senior officer has approved referral.

Currently planning decisions can be subject to an appeal to the Planning Inspectorate and a look at some of its recent rulings may give a clue to how the council’s officers will determine applications.

In February councillors rejected an application for a 34-room house in multiple occupation (HMO) at Regent House, Dudley, over concerns related to increased crime and the fear of crime.

The Planning Inspectorate overturned the decision; its report said: “Robust evidence is required to show that the increased crime and the fear of crime would be likely to arise.

“In this case there is no compelling evidence to suggest the proposal would give rise to crime and disorder.

“The proposal would not harm the community cohesion of the surrounding area with particular reference to increased crime and the fear of crime.”

Another decision by councillors to block a development based on fear of crime was a change of use from a residential property to a children’s home in Brierley Hill.

Councillors delivered their verdict in December 2025 but the Planning Inspectorate reversed the decision on appeal.

The Inspectorate again found there was no substantive evidence the development would lead to crime.

The inspector said: “I am mindful of the concerns of the local residents. It is of course possible that some of the children living in the property may need some support but there is no reason to doubt that they would be properly cared for and assisted.”

The Inspectorate does not always rule against councillors, in September 2025 Dudley’s Planning Committee voted to refuse alterations to a building on Himley Road, Dudley, to create four flats.

Despite Dudley planning officers recommending approval of the scheme, the Planning Inspectorate backed councillors and refused an appeal on the basis it was not convinced the development could meet planning obligations relating to biodiversity monitoring requirements.

Council planning officers’ own decisions can also be overturned by the inspectors.

In October 2025, council planners used delegated powers to refuse an application for a six-bedroom HMO in Pensnett.

Planners said the building failed to provide adequate residential amenities and did not have sufficient parking.

Following a site visit, the inspector found even the smallest bedroom was ‘not unpleasant, has adequate light and enough space to move about’ and, despite being smaller than the council’s HMO standard, was acceptable.

The inspector also dismissed concerns about parking related to the HMO and allowed an appeal against the council’s decision.

On other occasions an inspector will back planning officers.

In March 2026 the council handed down a refusal for a retrospective application for a building in Dudley Road Brierley Hill to be used as a grocery and convenience store.

The council said the building did not provide adequate parking spaces and would cause unsafe manoeuvring and conflict with pedestrians.

After a site visit the inspector concluded the proposal would increase parking in surrounding streets which where capacity was already limited.

By Martyn Smith | Local Democracy Reporting Service