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Planning appeal decision

Quashed On Legal Grounds21 December 20213276718

Land to rear of 176 Portland Road, BIRMINGHAM, B16 9TD

Without planning permission, the material change of use from lock up garages (Sui Generis) to vehicle storage and dismantling (Sui Generis)

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Griffin E

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice fails to specify with sufficient clarity what the alleged breach of planning control is and what steps are required for compliance, and the defect cannot be corrected without causing injustice to the appellant.

Judgments cited: Miller-Mead v MHLG [1963] 2 WLR 225

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.