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Dismissed1 August 20243338121

47 Durley Road, Liverpool, Merseyside, L9 9AN

Planning appeal 3338121 at 47 Durley Road, Liverpool, Merseyside, L9 9AN (Liverpool City Council) was dismissed on 1 August 2024 by Inspector Major R, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on flood risk.

Erection of one detached dwellinghouse

Authority
Liverpool City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Major R
Postcode
L9 9AN

Main issues, as the Inspector framed them

  • the effect of the proposed development on flood risk
  • whether the proposed development creates an accessible housing scheme with regard to the relevant policies of the development plan

What decided it

The failure to demonstrate that the sequential test for flood risk had been satisfied, combined with the non-compliance with accessible housing standards, meant the proposal conflicted with the development plan and the material considerations did not indicate it should be decided otherwise.

the limited benefits of one additional dwelling and economic activity did not outweigh the conflict with flood risk policy and accessible housing requirements

What the Inspector cited

Development plan policies
Policy R3Policy UD4Policy H12
National Planning Policy Framework
Paragraph 165Paragraph 168Paragraph 135
Judgments
Substation Action Save East Suffolk Ltd v Secretary of State for Energy Security and Net Zero [2024] EWCA Civ 12

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 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.