Land East of Glenwood Drive, Irby, Wirral, CH61 3XA

Planning appeal 3313729 at Land East of Glenwood Drive, Irby, Wirral, CH61 3XA (Wirral Metropolitan Borough Council) was dismissed on 13 September 2023 by Inspector McDonald K, following an inquiry. The main issue, as the Inspector framed it: Whether the appellant behaved unreasonably in pursuing and maintaining the residential appeals (A-G) such that they had no reasonable prospect of succeeding, justifying a full award of costs.

Residential developments of up to 290, 92, 15, 153, 120, 38 and 80 dwellings (Use Class C3) with affordable/self-build housing and green infrastructure across seven Wirral Green Belt sites (Appeals A-G, all matters reserved except access), and a separate 22.6ha Suitable Alternative Natural Greenspace (SANG) scheme (Appeal H)

Authority: Wirral Metropolitan Borough Council
Appeal type: major · Planning Appeal
Procedure: Inquiry
Development: residential · Major dwellings
Inspector: McDonald K
Postcode: CH63 1JD

Main issues, as the Inspector framed them

Whether the appellant behaved unreasonably in pursuing and maintaining the residential appeals (A-G) such that they had no reasonable prospect of succeeding, justifying a full award of costs
Whether the withdrawal of the SANG appeal (Appeal H) was procedurally unreasonable, without good reason, justifying a partial award of costs

What decided it

The Inspector found that the appellant's very special circumstances and prematurity arguments were properly material and not bound to fail, and that the SANG withdrawal followed a genuine change in circumstances (NE's endorsement of the WIA), so no unreasonable behaviour was established.

What the Inspector cited

National Planning Policy Framework: Paragraph 49Paragraph 148

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.