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Dismissed22 July 20223295627

39 Daisy Road, Edgbaston, Birmingham, B16 9DY

Planning appeal 3295627 at 39 Daisy Road, Edgbaston, Birmingham, B16 9DY (Birmingham City Council) was dismissed on 22 July 2022 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawfulness was well-founded.

Certificate of lawful use or development for use as a small HMO (Class C4)

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Boffin D
Postcode
B16 9DY

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawfulness was well-founded

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that the property remained in use as a small HMO from June 2020 (when the Article 4 Direction came into force) through to the application date of 28 September 2021.

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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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