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Notice upheld16 March 20233299866

Rear Of 4 Felstone Road, Birmingham , B44 9AB

Planning appeal 3299866 at Rear Of 4 Felstone Road, Birmingham , B44 9AB (Birmingham City Council) was dismissed on 16 March 2023 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, no enforcement action could be taken under ground (d) on the basis of ten years continuous use.

the change of use of the Land to the storage of shipping containers and the operation of a self-storage business in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Phillips A
Postcode
B44 9AB

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, no enforcement action could be taken under ground (d) on the basis of ten years continuous use
  • Whether the steps required by the notice exceed what is necessary to achieve its purpose under ground (f)

What decided it

The appellant failed to provide sufficient evidence of ten years continuous use of the land for the storage of shipping containers and self-storage business prior to the enforcement notice being issued, and the intensification of use from 2013 onwards represented a material change that could not be lawfully established.

The decision letter

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The authority’s record since 2016 · every decision in 2023

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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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