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Planning appeal decision

Notice varied and upheld13 June 20223279476

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

Planning appeal 3279476 at 23 Second Avenue, Selly Park, Birmingham, B29 7HD (Birmingham City Council) was allowed in part (a split decision) on 13 June 2022 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control requiring planning permission for the window replacement.

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
Postcode
B29 7HD

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 decision letter

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More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld8 September 20263371221
    37 Church Street, Lozells, Birmingham, B19 1QN
  2. Notice varied and upheld24 August 20263358730
    806 Pershore Road, Selly Park, Birmingham, B29 7LS
  3. Notice varied and upheld20 August 20263372003
    61 Hagley Road West, Birmingham, B17 8AE
  4. Notice upheld20 August 20263364185
    448 Alum Rock Road, Birmingham, B8 3HT
  5. Notice varied and upheld27 April 20263370639
    2 Cliff Rock Road, Rednal, Birmingham, B45 8QE

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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