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Planning appeal decision

Notice varied and upheld13 June 20223279476

23 Second Avenue, Selly Park, Birmingham, B29 7HD

the removal of the original late 19th century timber sash windows (with sash frame and single glazing) from the ground and first floors at the front elevation of the Premises and their replacement with UPVC plastic top-hung windows

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Rogers B

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control requiring planning permission for the window replacement
  • Whether the enforcement notice was issued within the time limit
  • Whether the steps required by the notice are excessive and lesser steps would overcome the objections

What decided it

The Article 4(2) Direction in the conservation area removed permitted development rights for window replacement, making planning permission necessary and establishing a breach of planning control that the enforcement notice properly addressed.

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.