Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed31 May 20243329937

68 Oxton Road, Birkenhead, CH41 2TW

Planning appeal 3329937 at 68 Oxton Road, Birkenhead, CH41 2TW (Wirral Metropolitan Borough Council) was dismissed on 31 May 2024 by Inspector Senior H, by written representations. The main issue, as the Inspector framed it: Whether the condition is necessary and reasonable having regard to the living conditions of neighbouring occupiers with particular regard to noise.

Change of use from convenience store (use class E) to hot food takeaway (sui generis) with installation of flue extraction system to rear

Authority
Wirral Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Senior H
Postcode
CH41 2TW

Main issues, as the Inspector framed them

  • Whether the condition is necessary and reasonable having regard to the living conditions of neighbouring occupiers with particular regard to noise

What decided it

The condition was necessary and reasonable to protect neighbouring residential amenity from noise, and having been discharged by the appellant with the use already commenced, the permission should remain unaltered.

What the Inspector cited

Development plan policies
Policy SH2Policy PO1Policy PO3
National Planning Policy Framework
Paragraph 56

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

53 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Wirral

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

  1. Dismissed30 June 20266007530
    The Clarence Hotel, 89 Albion Street, New Brighton, Wallasey, CH45 9JQ
  2. Allowed21 May 20266003384
    Pinewood Tennis Club, Napps Way, Heswall, CH61 6US
  3. Dismissed18 May 20266004466
    The Courtyard, 10a North Road, West Kiby, Wirral, CH48 4DF
  4. Dismissed22 April 20266002432
    23 Grove Road, Wirral, Merseyside, CH47 2DS
  5. Dismissed24 December 20256000948
    134 Seabank Road, New Brighton, Wirral, CH45 1HG

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.