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Planning appeal decision

Dismissed2 May 20253343427

35 Cavandale Avenue, Great Barr, Birmingham, B44 9TW

Planning appeal 3343427 at 35 Cavandale Avenue, Great Barr, Birmingham, B44 9TW (Birmingham City Council) was dismissed on 2 May 2025 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development is well-founded.

Certificate of lawful use or development for use as a children's home

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Major retail and services
Inspector
Boffin D
Postcode
B44 9TW

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development is well-founded

What decided it

The appellant's evidence lacked the necessary precision and clarity regarding the property's previous lawful use and the detailed day-to-day operations of the children's home, making it impossible to establish whether a material change of use had occurred and whether the use was lawful on the date of application.

The decision letter

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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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