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Planning appeal decision

Notice varied and upheld10 August 20223293859

77 Scarisbrick New Road, Southport, PR8 6LJ

Planning appeal 3293859 at 77 Scarisbrick New Road, Southport, PR8 6LJ (Sefton Metropolitan Borough Council) was allowed in part (a split decision) on 10 August 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of neighbouring occupiers with regard to noise and light pollution.

the construction of an outdoor swimming pool and retractable enclosure which is being used to provide swimming lessons which constitutes a material change of use and is not incidental to the enjoyment of the dwellinghouse

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Householder developments
Inspector
Moore D
Postcode
PR8 6LJ

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of neighbouring occupiers with regard to noise and light pollution

What decided it

The proximity of the swimming pool to the neighbouring property at No 2A Balfour Road and the resulting unacceptable harm to neighbouring living conditions from noise and disturbance arising from the commercial swimming lesson use outweighed the benefits of the development.

What the Inspector cited

Development plan policies
Policy EQ4Policy HC3

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 applied

The decision letter

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More decisions in Sefton

The authority’s record since 2016 · every decision in 2022

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  5. Notice varied and upheld26 May 20263371666
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.