®Planning appeal decision
58 High Street, Kings Heath, BIRMINGHAM, B14 7JZ
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
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.
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.