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Allowed13 February 20263358042

175 Liverpool Road, Birkdale, Southport, Merseyside, PR8 4NX

Planning appeal 3358042 at 175 Liverpool Road, Birkdale, Southport, Merseyside, PR8 4NX (Sefton Metropolitan Borough Council) was allowed on 13 February 2026 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the use of the premises as a hot food takeaway has subsisted continuously for a ten year period and continued uninterrupted to the date of application, such that it is immune from enforcement action.

Lawful use of premises as hot food takeaway

Authority
Sefton Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Braithwaite J
Postcode
PR8 4NX

Main issues, as the Inspector framed them

  • Whether the use of the premises as a hot food takeaway has subsisted continuously for a ten year period and continued uninterrupted to the date of application, such that it is immune from enforcement action

What decided it

The three consistent statutory declarations from a long-standing local resident, previous owner, and current owner established that the premises had been continuously used as a hot food takeaway since 1971, with the temporary 2023 vacancy being merely a break for refurbishment rather than a cessation of the established use.

The decision letter

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More decisions in Sefton

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld26 May 20263374215
    Land at Southport And Birkdale Sports Club, Trafalgar Road, Birkdale, PR8 2HF
  2. Notice varied and upheld26 May 20263371666
    20 Sandringham Road, Formby, L37 6EQ
  3. Notice varied and upheld27 February 20263358055
    68 Warren Road, Blundellsands, Crosby, L23 6UG
  4. Notice upheld19 February 20263354844
    8 Hastings Road, Birkdale, Southport, PR8 2LS
  5. Notice upheld19 February 20263349873
    100 Guildford Road, Southport, PR8 4JZ

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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