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Planning appeal decision

Quashed On Legal Grounds23 February 20223279077

22 Wellesbourne Road, Birmingham, B20 3TH

Planning appeal 3279077 at 22 Wellesbourne Road, Birmingham, B20 3TH (Birmingham City Council) was decided (quashed on legal grounds) on 23 February 2022 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the rear extension enforced against was substantially completed more than four years before the date of issue of the enforcement notice (16 June 2021), so as to be immune from enforcement.

without planning permission, the erection of a side and rear dormer in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hartley D
Postcode
B20 3TH

Main issues, as the Inspector framed them

  • Whether the rear extension enforced against was substantially completed more than four years before the date of issue of the enforcement notice (16 June 2021), so as to be immune from enforcement

What decided it

The building receipts and evidence of window and roof installation in May 2017, coupled with statutory declarations from neighbours confirming completion in May 2017, established on the balance of probability that the development was substantially completed more than four years before the enforcement notice was issued.

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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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