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Planning appeal decision

Notice upheld5 December 20243340715

398 Flaxley Road, BIRMINGHAM, B33 9EF

Without planning permission, the unauthorised erection of a two-storey side extension built not in accordance with its 2021/09036/PA consent and a rear dormer window in the approximate position marked in green on the attached plan

Authority
Birmingham City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hanson S

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The two-storey extension was constructed unlawfully and therefore the dormer added to it could not benefit from permitted development rights, constituting a breach of planning control that required the enforcement notice's remedial steps.

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.