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Planning appeal decision

Allowed8 June 20213268431

5 Sherborne Grove, Birmingham, B1 2PU

Planning appeal 3268431 at 5 Sherborne Grove, Birmingham, B1 2PU (Birmingham City Council) was allowed on 8 June 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the change of use from a single dwelling (Use Class C3) to a House in Multiple Occupation (Use Class C4) occurred prior to the Article 4 Direction coming into force on 8 June 2020, and was therefore permitted development.

Small House in Multiple Occupation (Use Class C4)

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Merrett R
Postcode
B1 2PU

Main issues, as the Inspector framed them

  • Whether the change of use from a single dwelling (Use Class C3) to a House in Multiple Occupation (Use Class C4) occurred prior to the Article 4 Direction coming into force on 8 June 2020, and was therefore permitted development

What decided it

The appellant's evidence of physical completion of works (February 2020), formal marketing (March 2020), and licensing confirmation (May 2020) demonstrated that the change of use had occurred prior to the Article 4 Direction coming into effect on 8 June 2020, and the subsequent delay in occupation was attributable to the COVID-19 lockdown.

What the Inspector cited

Judgments
Impey v SSE & Lake District SPB [1981] JPL 363, [1984] 47 P&CR 157

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.

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