24 Selwyn Road , Birmingham , B16 0SN

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

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.

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