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Planning appeal decision

Notice varied and upheld8 November 20243329125

57-63 Alfred Street, Birmingham, B12 8JP

Planning appeal 3329125 at 57-63 Alfred Street, Birmingham, B12 8JP (Birmingham City Council) was allowed in part (a split decision) on 8 November 2024 by Inspector Jones L, by written representations. The main issue, as the Inspector framed it: Whether there is a sequentially preferred location for the appeal development.

material change of use of part of the premises to provide a takeaway café

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Jones L
Postcode
B12 8JP

Main issues, as the Inspector framed them

  • Whether there is a sequentially preferred location for the appeal development
  • The effect of the appeal development on the living conditions of nearby residents with particular reference to noise and disturbance

What decided it

The appellant failed to demonstrate that no suitable and available sites exist in sequentially preferable town centre or edge of centre locations, as the Sequential Assessment was limited by the appellant's own business model requirements rather than genuine necessity.

What the Inspector cited

Development plan policies
Policy TP21Policy PG3Policy DM6Policy DM2Shopping and Local Centres Supplementary Planning Document (2012)
National Planning Policy Framework
Paragraph 91Paragraph 92

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.

See how each was applied

The decision letter

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More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2024

  1. Allowed21 October 20266012934
    157, Somerford Road, Birmingham, B29 5LB
  2. Dismissed20 October 20266011877
    248 Wheelwright Rd, Erdington, Birmingam, B24 8EH
  3. Allowed6 October 20266006428
    39 Gladstone Road, Sparkbrook, Birmingham, B11 1LP
  4. Allowed17 September 20266009473
    Unit 9a, Bikdale Avenue, Birmingham, B29 6UB
  5. Dismissed11 September 20266011088
    12 Sladefield Road, Ward End, Birmingham, B83NX

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.