®Planning appeal decision
Land at Riverview Road, Bromborough, Wirral, Merseyside, CH62 3RL
Planning appeal 3268552 at Land at Riverview Road, Bromborough, Wirral, Merseyside, CH62 3RL (Wirral Metropolitan Borough Council) was dismissed on 8 October 2021 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- CH62 3RL
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.
What the Inspector cited
- Development plan policies
- Policy CH25Policy PO1Policy CO1
- National Planning Policy Framework
- Paragraph 203
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2021
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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.