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Dismissed20 August 20263374627

49 Este Road, Birmingham, B26 2ET

Planning appeal 3374627 at 49 Este Road, Birmingham, B26 2ET (Birmingham City Council) was dismissed on 20 August 2026 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the property at No. 49 Este Road was in use as a Class C4 HMO on or before 8 June 2020 and whether such use had continued without material interruption.

Authority
Birmingham City Council
Appeal type
Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whalley J

Main issues, as the Inspector framed them

  • Whether the property at No. 49 Este Road was in use as a Class C4 HMO on or before 8 June 2020 and whether such use had continued without material interruption

What decided it

The appellant's evidence was insufficiently precise, unambiguous and comprehensive to demonstrate on the balance of probabilities that the property was in use as a Class C4 HMO before 8 June 2020.

What the Inspector cited

Judgments
Panton & Farmer v SSETR & Vale Horse DC [1999] JPL 461

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.