Selly Oak Enforcement Appeal Success

The Tyler Parkes Partnership is extremely pleased to report that a Government Planning Inspector has quashed an Enforcement Notice issued by Birmingham City Council against our Client and granted planning permission for ground floor and first floor extensions erected at a terraced property within Selly Oak.

By way of background, the Council had served an Enforcement Notice on our Client requiring the complete demolition of ground floor rear and side extensions along with a first floor rear extension on the grounds that they had an adverse impact upon the outlook of, and resulted in a loss of light to, neighbouring dwellings; and, that the scale and appearance of the extensions were out of context with surrounding properties.

We successfully argued that the very nature of terraced properties is such that rear extensions commonly have an immediate impact upon neighbours.

The “fall-back” position in terms of what could be erected under permitted development rights in this case was such that the required demolition and likely subsequent erection of extensions under permitted development rights would result in no real improvement in outlook or light and as such demolition was unwarranted and unnecessary.

The Planning Inspector agreed and also noted that the extensions were not harmful to the character or appearance of adjoining properties, which had themselves already been the subject of significant extensions and alterations.

The Appeal was allowed and planning permission granted.

Please do not hesitate to contact us if you have an enforcement issue you would like advice on.