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Dismissed18 June 20253349095

24 Selwyn Road , Birmingham , B16 0SN

Planning appeal 3349095 at 24 Selwyn Road , Birmingham , B16 0SN (Birmingham City Council) was dismissed on 18 June 2025 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the LDC application was well-founded, turning on whether the proposed change of use of the first floor to two flats would represent development requiring planning permission under s55 of the 1990 Act.

the proposed creation of 2no. one-bed flats at first floor

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hanson S
Postcode
B16 0SN

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the LDC application was well-founded, turning on whether the proposed change of use of the first floor to two flats would represent development requiring planning permission under s55 of the 1990 Act

What decided it

The subdivision of a single C4 dwellinghouse into two separate C3 dwellinghouses falls outside the permitted development right under GPDO Schedule 2 Part 3 Class L and constitutes a material change of use requiring express planning permission under s55(3)(a) of the 1990 Act.

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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