Planning appeal decision
Dismissed11 September 20243337999
Callotts, 3 Mill Hey Road, Caldy, Wirral, CH48 1ND
confirmation of lawful commencement of development authorised by planning permission APP/00/5836
- Authority
- Wirral Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the Council's refusal to issue an LDC was well-founded, turning on whether the appellant can demonstrate on the balance of probability that a material operation was carried out within the five-year commencement condition and whether any such material operation began in breach of any condition precedent
What decided it
The appellant failed to comply with two pre-commencement conditions precedent (Nos. 5 and 11) before commencing the material operation, meaning planning permission APP/00/5836 was not lawfully commenced.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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