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140 Brearley Street Birmingham B19 3XJ

2026/02480/PAPermitted Development Commercial from May 2013Refused
Outline / PiP

Refused on 3 July 2026

Council decision: PRIOR APPROVAL REQUIRED AND TO REFUSE2 reasons for refusal

Approximate location: the centre of the postcode, not the exact property.

Proposal

Application to determine if prior approval is required for a proposed change of use from Commercial, Business & Service (Use Class E) to 2 no. units (Use Class C3)

Received
5 May 2026
Ward
Newtown
  1. Received5 May
  2. Validated11 May
  3. Consult.
  4. Target
  5. Decided3 Jul

Decided in 53 days (council typically 56)

About this application

This is an outline application for a change of use at 140 Brearley Street Birmingham B19 3XJ. Birmingham has handled 2,571 applications of this type. This one was decided in 59 days, 3 days longer than Birmingham's typical decision time. The site is in 1 listed building nearby. There are no previous applications recorded at this address. In the past year there have been 31 applications across Newtown. We hold 77 applications in total for the B19 postcode area.

86% of outline applications at Birmingham City Council were approved. Across all application types, the council typically decides in about 8 weeks (median).

Based on decided applications received in the last 3 years.Planning something similar? See what gets approved on your street

Why it was refused

  1. The proposed level of accommodation is considered to be substandard as the gross internal floor area of 2no. ground floor units would be less than 37sqm and the application has failed to demonstrate compliance with the 'Technical Housing Standards - Nationally Described Space Standard' (NDSS) 2015. As such Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) does not grant permission for, or authorise any development of, any new dwellinghouse, as per 9(A) of Article 3 Permitted development of the Order.
  2. The application has failed to demonstrate that the development is proposed to be or would remain in use as a dwellinghouse within the meaning of Class C3 of Schedule 1 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the use as a dwellinghouse. As such, the proposal would be contrary to MA.2(6) of Schedule 2, Part 3, Class MA of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

From the council's decision notice.

Application details

Postcode
B19 3XJ
Application type
Permitted Development Commercial from May 2013
Scale / size
Small
District
Ladywood

Planning application dates

Date validated
11 May 2026
Application expires
30 June 2026

Planning decision

Case officer
Salma Akhtar
Statutory period
55 days

Additional information

Documents
4

Site constraints

Checking the site
2/3
Council recordsAppealsFlood risk

Designations at the address point. Ones next to the site may also apply.

  • Article 4 direction: City Wide Hmo
  • Flood zone 1: Low probability (rivers and sea)
Also checked, none recorded (23)

flood storage areas, conservation areas, listed buildings, tree preservation orders, green belt, scheduled monuments, World Heritage Sites, World Heritage Site buffer zones, registered parks and gardens, registered battlefields, Heritage at Risk entries, nutrient neutrality catchments, national parks, National Landscapes, SSSIs, Special Areas of Conservation, Special Protection Areas, Ramsar sites, ancient woodland, national nature reserves, local nature reserves, heritage coasts and brownfield registers.

A guide only, from official open data; it is not a planning search. Flood zones cover rivers and sea, not surface water.

Data © Crown copyright and others · sources and licences

Contains public sector information from planning.data.gov.uk (MHCLG and local planning authorities), licensed under the Open Government Licence v3.0. © Crown copyright and database right 2026.

© Historic England 2026. Contains Ordnance Survey data © Crown copyright and database right 2026. The Historic England GIS Data contained in this material was obtained on 2026-11-03. The most publicly available up to date Historic England GIS Data can be obtained from HistoricEngland.org.uk.

© Natural England copyright. Contains Ordnance Survey data © Crown copyright and database right 2026.

© Environment Agency copyright and/or database right 2026. All rights reserved. Flood Map for Planning, Open Government Licence v3.0.

Contains Ordnance Survey data © Crown copyright and database right 2026.

Source: Office for National Statistics licensed under the Open Government Licence v.3.0. Contains OS data © Crown copyright and database right 2026.

Source: Birmingham

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