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Dismissed11 September 20243337999

Callotts, 3 Mill Hey Road, Caldy, Wirral, CH48 1ND

Planning appeal 3337999 at Callotts, 3 Mill Hey Road, Caldy, Wirral, CH48 1ND (Wirral Metropolitan Borough Council) was dismissed on 11 September 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
CH48 1ND

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.

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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.

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