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Planning appeal decision

Dismissed26 May 20223283206

5 Lime Avenue, Dawlish Road, Birmingham, B29 7AJ

Planning appeal 3283206 at 5 Lime Avenue, Dawlish Road, Birmingham, B29 7AJ (Birmingham City Council) was dismissed on 26 May 2022 by Inspector Cooper P, by written representations. The main issue, as the Inspector framed it: Whether the variation of the condition would fundamentally conflict with the description and extent of the original planning permission.

Change of use from dwelling house (Use Class C3) to 3-bed HMO (Use Class C4) and installation of dormer window to front without complying with condition restricting occupation to maximum three persons

Authority
Birmingham City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Cooper P
Postcode
B29 7AJ

Main issues, as the Inspector framed them

  • Whether the variation of the condition would fundamentally conflict with the description and extent of the original planning permission
  • If not, the effect of the development on the living conditions of new residents, in terms of access to meaningful private amenity space

What decided it

The proposed variation would fundamentally alter the operative part of the original planning permission (the description of development as a 3-bed HMO) and therefore cannot be pursued under section 73; the appellant must apply for a new planning permission instead.

What the Inspector cited

Development plan policies
Policy PG3Policy TP27
Judgments
Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.