®Planning appeal decision
Land at Riverview Road, Bromborough, Wirral, Merseyside, CH62 3RL
retrospective planning approval for establishment for a civil engineering depot. Summary
- Authority
- Wirral Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Minor general industry/storage/warehousing
- Inspector
- Freer P
Main issues, as the Inspector framed them
- whether, in the absence of a Habitats Regulations Assessment, it is possible to assess whether the development is likely to have any significant effects on the Mersey Estuary Special Protection Area and the Site of Special Scientific Interest
- whether the development would unacceptably harm any heritage assets on the site
- the effect of the development on the water quality and the natural environment
- whether the development makes adequate provision for coastal access and enhancement
What decided it
The absence of a Habitats Regulations Assessment and the inability to rule out significant effects on the Mersey Estuary Special Protection Area and Ramsar Site, combined with the irreversible damage to archaeological remains and uncontrolled water pollution, meant planning permission could not lawfully be granted.
The Inspector did not undertake a planning balance exercise, as the development was found to be contrary to the development plan and no material considerations of sufficient weight were identified to justify departure from it.
Framework references: 203
Plan policies cited: Policy CH25, Policy PO1, Policy CO1
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.