13 St. Edwards Road, Birmingham, B29 7DJ

Planning appeal 3338002 at 13 St. Edwards Road, Birmingham, B29 7DJ (Birmingham City Council) was dismissed on 3 December 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: B29 7DJ

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.

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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.