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Dismissed1 July 20253352038

27 St. Peters Road, Handsworth, Birmingham, B20 3RR

Planning appeal 3352038 at 27 St. Peters Road, Handsworth, Birmingham, B20 3RR (Birmingham City Council) was dismissed on 1 July 2025 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that the lawful use as a 10-person HMO (sui generis) had continued for 10 years prior to 30 May 2024 without intervening uses, so as to be immune from enforcement action under section 171B(3) of the Town and Country Planning Act 1990.

a large 10-Bedroom HMO Sui Generis

Authority
Birmingham City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hanson S
Postcode
B20 3RR

Main issues, as the Inspector framed them

  • Whether the council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that the lawful use as a 10-person HMO (sui generis) had continued for 10 years prior to 30 May 2024 without intervening uses, so as to be immune from enforcement action under section 171B(3) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficient precise and unambiguous evidence demonstrating that the property had been continuously occupied by 10 people for the full 10-year period prior to the application, as the tenancy agreements showed significant gaps and indicated occupation by no more than 6 tenants until July 2020.

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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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