Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld10 June 20213264974

96 Brooklands Road, Birmingham, B28 8JZ

Planning appeal 3264974 at 96 Brooklands Road, Birmingham, B28 8JZ (Birmingham City Council) was dismissed on 10 June 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f).

Without planning permission, the unauthorised erection of a single storey rear extension in the approximate position edged in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hanson S
Postcode
B28 8JZ

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f)
  • Whether the period specified in the notice for compliance is reasonable (ground g)

What decided it

Permitted development rights do not represent a valid fallback position because the structure exceeds GPDO limitations and no incidental purpose to the dwellinghouse was demonstrated, meaning the entire extension must be removed to remedy the breach.

What the Inspector cited

Development plan policies
Policy PG3 of the Birmingham Development Plan 2031Paragraphs 3.14C and 8.39-8.43 of the Birmingham Unitary Development Plan

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

73 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2021

  1. Notice upheld8 September 20263371221
    37 Church Street, Lozells, Birmingham, B19 1QN
  2. Notice varied and upheld24 August 20263358730
    806 Pershore Road, Selly Park, Birmingham, B29 7LS
  3. Notice varied and upheld20 August 20263372003
    61 Hagley Road West, Birmingham, B17 8AE
  4. Notice upheld20 August 20263364185
    448 Alum Rock Road, Birmingham, B8 3HT
  5. Notice varied and upheld27 April 20263370639
    2 Cliff Rock Road, Rednal, Birmingham, B45 8QE

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.