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Notice upheld11 November 20243336068

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

Planning appeal 3336068 at Palmyra, 13 St. Marys Row, Moseley, Birmingham, B13 8HW (Birmingham City Council) was dismissed on 11 November 2024 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred.

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
Postcode
B13 8HW

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.

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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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