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Planning appeal decision

Notice upheld19 October 20233302935

1136A Stratford Road, Hall Green, Birmingham, B28 8AE

Planning appeal 3302935 at 1136A Stratford Road, Hall Green, Birmingham, B28 8AE (Birmingham City Council) was dismissed on 19 October 2023 by Inspector Hartley D, 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 unauthorised change of use of the rear extension to 2 self-contained flats at ground floor levels 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 · Householder developments
Inspector
Hartley D
Postcode
B28 8AE

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

What decided it

The purpose of an enforcement notice is to remedy the breach of planning control, and a separate planning proposal for an alternative scheme cannot render the notice's requirements excessive in a ground (f) appeal.

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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