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Notice varied and upheld1 June 20223281422

58 High Street, Kings Heath, Birmingham, B14 7JZ

Planning appeal 3281422 at 58 High Street, Kings Heath, Birmingham, B14 7JZ (Birmingham City Council) was allowed in part (a split decision) on 1 June 2022 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether, at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice (ground (d) - four year rule).

Without planning permission, the change of use of the rear single storey extension from storage to residential in the approximate position marked in green on the attached plan and subdivision of the first and second floors to create 3 flats in the approximate location marked in blue on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rogers B
Postcode
B14 7JZ

Main issues, as the Inspector framed them

  • Whether, at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice (ground (d) - four year rule)

What decided it

The appellants failed to provide any evidence to substantiate their four-year rule defence, and the Council's evidence (satellite imagery, Building Regulations dates, and Council Tax records) demonstrated that occupation of the subdivided flats occurred after the four-year limitation period.

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

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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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