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Planning appeal decision

Notice upheld13 March 20253342090

57 Kirkstone Way, Brierley Hill, DY5 3RZ

Planning appeal 3342090 at 57 Kirkstone Way, Brierley Hill, DY5 3RZ (Dudley Metropolitan Borough Council) was dismissed on 13 March 2025 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice had occurred by the date of issue (ground b).

Without planning permission, and within the last ten years, the change of use of the land from a residential dwellinghouse to a mixed use being a residential dwellinghouse with commercial car sales and car storage taking place on the Land

Authority
Dudley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hanson S
Postcode
DY5 3RZ

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice had occurred by the date of issue (ground b)
  • Whether the matters alleged in the notice constitute a breach of planning control (ground c)

What decided it

The sheer number and variety of vehicles regularly parked at the property and advertised for sale on Autotrader, combined with the resulting increase in customer visits and visual impact on the suburban residential character, demonstrated a material change of use from dwelling to commercial car sales business.

The decision letter

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More decisions in Dudley

The authority’s record since 2016 · every decision in 2025

  1. Allowed30 July 20266009299
    87-88 Regent House King Street, Dudley, DY2 8PR
  2. Dismissed10 July 20266006635
    27 Sedgley Road, Tipton, Dudley, DY1 4NE
  3. Allowed27 March 20263368014
    Former Kingswinford Youth Centre, High Street, Kingswinford, DY6 8AP
  4. Notice upheld25 February 20263372572
    10 Tipton Road, Dudley, West Midlands, DY1 4SH
  5. Notice upheld9 December 20253370696
    1 Belgrave Road, Halesowen, West Midlands, B62 9HA

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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