57-63 Alfred Street, Birmingham, B12 8JP

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

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.

Framework references: 91, 92

Plan policies cited: Policy TP21, Policy PG3, Policy DM6, Policy DM2, Shopping and Local Centres Supplementary Planning Document (2012)

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