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Planning appeal decision

Allowed28 March 20243326801

38 Kingsland Road, Birkenhead, CH42 9NW

Planning appeal 3326801 at 38 Kingsland Road, Birkenhead, CH42 9NW (Wirral Metropolitan Borough Council) was allowed on 28 March 2024 by Inspector Rafiq F, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of neighbouring residents, with regards to noise and disturbance.

the change of use from five residential apartments (C3) to a House in Multiple Occupation HMO (Sui Generis)

Authority
Wirral Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Rafiq F
Postcode
CH42 9NW

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of neighbouring residents, with regards to noise and disturbance
  • whether the development would provide satisfactory accommodation for its future occupants, with regard to outlook

What decided it

The existing use as five residential flats already generates multiple households and comings and goings, so the proposed HMO would not result in a harmful increase in noise and disturbance to neighbouring occupiers.

What the Inspector cited

Development plan policies
Saved UDP Policy HS14
National Planning Policy Framework
Paragraph 135

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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The authority’s record since 2016 · every decision in 2024

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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.