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Planning appeal decision

Notice upheld4 August 20213271746

454 Stratford Road, Birmingham, B11 4AE

Planning appeal 3271746 at 454 Stratford Road, Birmingham, B11 4AE (Birmingham City Council) was dismissed on 4 August 2021 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the compliance period of 6 months specified in the enforcement notice should be extended to 1 year to allow the appellant time to serve notice on the existing tenant and for contractors to attend the property.

Without planning permission, the erection of an unauthorised first floor rear extension in the approximate position marked green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
McEntee K
Postcode
B11 4AE

Main issues, as the Inspector framed them

  • Whether the compliance period of 6 months specified in the enforcement notice should be extended to 1 year to allow the appellant time to serve notice on the existing tenant and for contractors to attend the property

What decided it

The 10-month effective compliance period available to the appellant from the date of the decision, combined with the significant lifting of COVID restrictions since the appeal was submitted, provided sufficient time to comply without further extension.

The balance struck between the needs of the tenant to seek alternative accommodation and the need for the unauthorised development harm to be brought to an end, with the 10-month period considered reasonable and proportionate.

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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