Councillors are set to make a decision on whether to approve hundreds of homes in Balsall Common next week after being delayed by a legal challenge. 

Applicant Barwood Development Securities Ltd wants to build 250 homes – half of them affordable – on land at Pheasant Oak Farm, in Hob Lane off Waste Lane in the Solihull village.

The plans include a children's play area; community orchard and ecological areas; pedestrian and cycle access from Waste Lane and Windmill Lane to "enhance connection into the village" and a sustainable drainage system.

A decision had been set to be made at a meeting of Solihull Metropolitan Borough Council's planning committee earlier this month. 

But, as the Local Democracy Reporting Service previously reported, the decision was put on hold while the authority sought "urgent" legal advice to clarify how applications on green belt land should be determined going forward.

The legal challenge from Shoosmiths solicitors drew particular attention to the way in which the council undertakes assessments against the grey belt test – grey belt being lower quality green belt land which means the site would be able to be used for housing.

In the latest report prepared for members of the committee, planning officers have again said they judge the Balsall Common land to be grey belt.

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"The proposal would utilise grey belt land," planning officers write.

"There is an identified demonstrable unmet housing need for the type of development proposed.

"The development would through developer contributions towards improvements to local infrastructure meet the 'golden rules' requirements (grey belt tests)."

One of the key concerns raised during public consultations was the effect a new housing site would have on the Grade II Listed building Berkswell Windmill. 

In its submission Historic England wrote: "The main designated heritage asset affected by the scheme is the impressive tower windmill of Berkswell Mill.

"This is one of the best surviving tower mills in the West Midlands and is a picturesque feature of the landscape.

"We feel this development would cause a lower level of less than substantial harm to the Grade II listed building's significance and setting – it is vital then that the council are fully satisfied of its (the homes) potential impact."

Solihull planners recommend outline planning permission is granted subject to conditions.

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The planning committee meeting, which is open to the public, is being held at the Civic Suite from 5.30pm on Wednesday, April 30.

The meeting will also be available to watch live on the council's website solihull.gov.uk.