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Allowed16 July 20213267518

40 Oak Tree Lane, Selly Oak, Birmingham, B29 6HX

Planning appeal 3267518 at 40 Oak Tree Lane, Selly Oak, Birmingham, B29 6HX (Birmingham City Council) was allowed on 16 July 2021 by Inspector Cryan M, by written representations. The main issue, as the Inspector framed it: Whether prior approval is deemed to be granted by reason of the Council's failure to issue a decision notice.

the erection of a 6 metre deep single storey rear extension, max height 3 metres, eaves height 3 metres

Authority
Birmingham City Council
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Cryan M
Postcode
B29 6HX

Main issues, as the Inspector framed them

  • Whether prior approval is deemed to be granted by reason of the Council's failure to issue a decision notice

What decided it

The Council failed to issue a formal decision notice refusing the application within the statutory 42-day period prescribed by Paragraph A.4.(10)(c) of the GPDO, with the result that prior approval is deemed to be granted on expiry of that period.

What the Inspector cited

Judgments
Wood v SSCLG and Gravesham BC [2015] EWCA Civ 195

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.

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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.

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.