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Planning appeal decision

Quashed On Legal Grounds23 June 20213265113

Land Fronting 300 Yardley Road, South Yardley, Birmingham, B25 8LT

Planning appeal 3265113 at Land Fronting 300 Yardley Road, South Yardley, Birmingham, B25 8LT (Birmingham City Council) was decided (quashed on legal grounds) on 23 June 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and properly alleges the breach of planning control.

without planning permission: i. the change of use of the land to a hand carwash and valeting service (sui generis) in the approximate position edged in green on the attached plan. ii. the erection of boundary screen in the approximate position marked in blue on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Savage M
Postcode
B25 8LT

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and properly alleges the breach of planning control

What decided it

The enforcement notice failed to properly allege all components of the mixed use on the site, and the Inspector's powers of correction could not be exercised without causing injustice to either party.

The decision letter

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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.

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