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Planning appeal decision

Notice varied and upheld26 April 20223288919

Land Adjacent to 44 Walmley Ash Road, Birmingham, B76 1JA

Planning appeal 3288919 at Land Adjacent to 44 Walmley Ash Road, Birmingham, B76 1JA (Birmingham City Council) was allowed in part (a split decision) on 26 April 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control.

Without planning permission, the erection of a single storey detached structure/dwelling house in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Griffin E
Postcode
B76 1JA

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the period for compliance of 3 months is too short

What decided it

The structure is a dwellinghouse and demolition is necessary to remedy the breach; a 6-month compliance period provides reasonable time for the occupiers to find alternative accommodation.

The decision letter

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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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