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Planning appeal decision

Notice upheld23 July 20213243155

The Pacific, 158 Walton Road (Including 2 Christopher Street), Liverpool, L4 4AZ

Planning appeal 3243155 at The Pacific, 158 Walton Road (Including 2 Christopher Street), Liverpool, L4 4AZ (Liverpool City Council) was dismissed on 23 July 2021 by Inspector Lloyd I, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control as alleged has occurred as a matter of fact and degree (ground b).

1. Without planning permission, the change of use from a public house/bar (A4) use to short term leisure accommodation (sui generis), 2. Application of timber cladding to external northern and western elevations, 3. Construction of timber planters to external elevations to north and west, and 4. Siting of hot tub with associated decking structure within the yard to the east of the building

Authority
Liverpool City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Lloyd I
Postcode
L4 4AZ

Main issues, as the Inspector framed them

  • Whether the breach of planning control as alleged has occurred as a matter of fact and degree (ground b)
  • Whether the alleged breach constitutes a breach of planning control requiring planning permission (ground c)
  • The effect of the development on the living conditions of nearby residents in relation to noise and disturbance (ground a)
  • The effect of the development on the character and appearance of the building and the surrounding area (ground a)

What decided it

The unregulated party-venue use, with guests arriving at any time and using the ground-floor bar and hot tub without licensing controls, caused significant noise and disturbance to nearby residents extending into early morning hours, which planning conditions could not realistically control, and the external alterations harmed the character of the Victorian building.

What the Inspector cited

Development plan policies
UDP Policy GEN 4UDP Policy H4UDP Policy HD18UDP Policy GEN 8Liverpool Local Plan 2013-2033 (Pre-submission draft January 2018) Policy UD1Liverpool Local Plan 2013-2033 (Pre-submission draft January 2018) Policy UD4Liverpool Local Plan 2013-2033 (Pre-submission draft January 2018) Policy TP1Liverpool Local Plan 2013-2033 (Pre-submission draft January 2018) Policy STP3

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.

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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.

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