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Planning appeal decision

Dismissed14 March 20243327443

Land Adjacent to Seamus O'Donnells, Exmouth Street, Birkenhead, CH41 4NG

Planning appeal 3327443 at Land Adjacent to Seamus O'Donnells, Exmouth Street, Birkenhead, CH41 4NG (Wirral Metropolitan Borough Council) was dismissed on 14 March 2024 by Inspector Major R, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of the occupiers of neighbouring properties, with regard to noise and disturbance.

to create a car washing facility on vacant land with a single container store and vehicular access from Exmouth Street

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Other minor developments
Inspector
Major R
Postcode
CH41 4NG

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of the occupiers of neighbouring properties, with regard to noise and disturbance
  • the vitality and viability of a Primarily Commercial Area and Birkenhead Key Town Centre

What decided it

The absence of any noise mitigation measures and the failure to demonstrate that the proposed car wash would not cause harmful noise and disturbance to neighbouring residential occupiers, combined with the use not being permitted within the Primarily Commercial Area designation.

What the Inspector cited

Development plan policies
Policy HS15Policy PO3Policy WD 14Policy SH6
National Planning Policy Framework
Paragraph 225Paragraph 48

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 Wirral

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

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  5. Dismissed24 December 20256000948
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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.