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Planning appeal decision

Notice upheld5 December 20243340715

398 Flaxley Road, Birmingham, B33 9EF

Planning appeal 3340715 at 398 Flaxley Road, Birmingham, B33 9EF (Birmingham City Council) was dismissed on 5 December 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged constitute a breach of planning control.

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
Postcode
B33 9EF

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 decision letter

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More decisions in Birmingham City Council

The authority’s record since 2016 · every decision in 2024

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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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