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Planning appeal decision

Notice varied and upheld26 May 20263374215

Land at Southport And Birkdale Sports Club, Trafalgar Road, Birkdale, PR8 2HF

Planning appeal 3374215 at Land at Southport And Birkdale Sports Club, Trafalgar Road, Birkdale, PR8 2HF (Sefton Metropolitan Borough Council) was allowed in part (a split decision) on 26 May 2026 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the land to a mixed use as a sports club and the operation of a catering company including the siting of six storage containers constitutes a breach of planning control.

Material change of use of land to a mixed use as a sports club and the operation of a catering company including the siting of six storage containers

Authority
Sefton Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Whalley J
Postcode
PR8 2HF

Main issues, as the Inspector framed them

  • Whether the material change of use of the land to a mixed use as a sports club and the operation of a catering company including the siting of six storage containers constitutes a breach of planning control
  • Whether the alleged breach has become immune from enforcement action by the passage of time
  • Whether planning permission should be granted for the mixed use on its merits
  • Whether the enforcement notice is properly formulated and whether its requirements are reasonable

What decided it

The catering business use was not ancillary to the sports club but operated as a separate commercial enterprise for external clients, constituting a material change of use that conflicted with open space protection policy and caused unacceptable noise impacts on neighbouring residential amenity.

What the Inspector cited

Development plan policies
Policy NH5 Protection of Open Space and Countryside Recreation AreasPolicy EQ2Policy EQ4 Pollution and Hazards

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.

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The decision letter

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More decisions in Sefton

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

  1. Allowed29 October 20266012707
    144 Park Lane, Netherton, L30 1RW
  2. Dismissed9 September 20266009026
    64 Thornton Road, Bootle, L20 5AR
  3. Dismissed23 July 20266008166
    192 Cambridge Road, Churchtown, Southport, PR9 7LS
  4. Notice varied and upheld26 May 20263371666
    20 Sandringham Road, Formby, L37 6EQ
  5. Allowed14 May 20266005548
    71 Runnells Lane, Crosby, Sefton, L23 1XJ

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.