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Planning appeal decision

Quashed On Legal Grounds28 March 20223289450

65 Alderson Road, Liverpool, L15 2HL

Planning appeal 3289450 at 65 Alderson Road, Liverpool, L15 2HL (Liverpool City Council) was decided (quashed on legal grounds) on 28 March 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies the alleged breach of planning control with sufficient clarity.

without planning permission, change of use of premises to a House of Multiple Occupation (HMO)

Authority
Liverpool City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moore D
Postcode
L15 2HL

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies the alleged breach of planning control with sufficient clarity
  • Whether the enforcement notice has regard to the Mansi principle and existing lawful use rights under section 57(4) of the 1990 Act
  • Whether the notice correctly specifies the relevant timescale for the alleged material change of use

What decided it

The enforcement notice is invalid because it does not specify with sufficient clarity the alleged breach of planning control and the steps required for compliance, and the defects cannot be corrected without causing injustice to the appellant.

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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