106 Church Road, Erdington, BIRMINGHAM, B24 9BD

Authority: Birmingham City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the proposed use would fall within Class C3(b) of the Town and Country Planning (Use Classes) Order 1987 as amended and hence be excluded from the definition of development by virtue of section 55(2)(f) of the 1990 Act

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probabilities that the proposed change of use would fall within Class C3(b) rather than constitute development requiring planning permission.

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