®Planning appeal decision
13 St. Edwards Road, BIRMINGHAM, B29 7DJ
described in the application form as single-storey rear extension and loft conversion with the installation of dormer window to front
- Authority
- Birmingham City Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the appellant can show that the extensions to the property were substantially completed 4 years prior to 22 December 2023, so as to be immune from enforcement action through the passage of time, in accordance with s171B(1) of the Act
- Whether the appellant can show that the use sought has continued for 10 years prior to 22 December 2023, without any other intervening uses, so as to be immune from enforcement action through the passage of time, in accordance with s171B(3) of the Act
What decided it
The extensions satisfied the four-year immunity period under section 171B(1) with documentary evidence of completion in October 2011 and Google Streetview confirmation from 2012, but the HMO use could not be proven to have continued uninterrupted for the required 10 years due to gaps in tenancy evidence and the distinction between planning law and licensing law.
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.