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Planning appeal decision

Dismissed16 June 20263369229

3 Hillside Road, Newton, Wirral, CH48 8BD

Planning appeal 3369229 at 3 Hillside Road, Newton, Wirral, CH48 8BD (Wirral Metropolitan Borough Council) was dismissed on 16 June 2026 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the excavation works and timber fence erected within the time limit of Condition 1 to planning permission APP/18/01026 constituted a material operation sufficient to lawfully implement the permission.

Lawful Development Certificate to establish lawful implementation of planning permission for erection of a detached two-storey dwelling on the rear garden

Authority
Wirral Metropolitan Borough Council
Appeal type
minor · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whalley J
Postcode
CH48 8BD

Main issues, as the Inspector framed them

  • Whether the excavation works and timber fence erected within the time limit of Condition 1 to planning permission APP/18/01026 constituted a material operation sufficient to lawfully implement the permission

What decided it

The excavation did not correspond to the approved plans and appeared to be a trial pit for ground investigation rather than a material operation forming part of the permitted scheme, and the fence was not part of the planning permission.

What the Inspector cited

Judgments
East Dunbartonshire Council v Secretary of State for Scotland (1999); Riordan Communications Ltd v South Bucks District Council (2000)

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 authority’s record since 2016 · every decision in 2026

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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.