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Planning appeal decision

Notice upheld11 November 20243336068

Palmyra, 13 St. Marys Row, Moseley, BIRMINGHAM, B13 8HW

without planning permission, the alteration of the shop front within the Moseley Conservation Area in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Other minor developments
Inspector
Howell M

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred
  • Whether at the date the notice was issued, no enforcement action could be taken in respect of the operational development carried out
  • Whether the steps required to comply with the notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellant failed to provide sufficient evidence to demonstrate on the balance of probability that the shopfront alterations were completed more than four years prior to the enforcement notice being issued on 15 December 2023.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.