®Planning appeal decision
Land Known As Tomlins Used Car Centre, Birmingham New Road, Dudely, DY1 4PD
Planning appeal 3350151 at Land Known As Tomlins Used Car Centre, Birmingham New Road, Dudely, DY1 4PD (Dudley Metropolitan Borough Council) was allowed in part (a split decision) on 23 October 2025 by Inspector Dignan P, by written representations. The main issue, as the Inspector framed it: Whether the matters comprising a breach of planning control alleged in the notice have occurred as a matter of fact.
Without planning permission and within the last 10 years: (i) the unauthorised change of use from car sales to car sales with car wash & valeting services; (ii) the erection of gates, as illustrated in Plates 1, 2 and 3 enclosed; (iii) the erection of Structure A, as illustrated in Plate 4 enclosed; (iv) the erection of structure/outbuilding B, as illustrated in Plate 5 enclosed; (v) the erection of structure/outbuilding C, as illustrated in Plate 6 enclosed; and (vi) the laying of hardstanding, as illustrated in Plate 7 and coloured pink on the Plan for the storage of cars to facilitate the unauthorised change of use from car sales to car sales with car wash and valeting services
- Authority
- Dudley Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- retail · Change of use
- Inspector
- Dignan P
- Postcode
- DY1 4PD
Main issues, as the Inspector framed them
- Whether the matters comprising a breach of planning control alleged in the notice have occurred as a matter of fact
- Whether the car wash and valeting is ancillary to car sales or constitutes a material change of use requiring planning permission
- Whether the operational development constitutes a building
- Whether immunity from enforcement applies due to the passage of time
- Whether the requirements of the notice are proportionate to remedy the breach
What decided it
The car wash and valeting use is materially different from and dominant over the permitted car sales use, constituting a material change of use requiring planning permission, and the appellant failed to establish immunity from enforcement action.
The decision letter
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With an account
What an account adds to this decision
More decisions in Dudley
The authority’s record since 2016 · every decision in 2025
- Notice upheld25 February 2026337257210 Tipton Road, Dudley, West Midlands, DY1 4SH
- Notice upheld9 December 202533706961 Belgrave Road, Halesowen, West Midlands, B62 9HA
- Notice upheld9 December 20253354589Unit 1, Belgrve Road, Blackheath, B62 9HA
- Quashed On Legal Grounds22 October 2025334679947 Catherine Road, Coseley, Bilston, West Midlands, WV14 9AD
- Notice varied and upheld14 October 202533522091 Maslin Drive, Bilston, WV14 9AF
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.