Inquiry held on 26, 27 & 28 November 2008Site visit made on 28 November 2008
by Karen L Ridge
LLB (Hons) MTPL
The Planning Inspectorate4/11 Eagle WingTemple Quay House2 The SquareTemple QuayBristol BS1 6PN
0117 372 6372email:firstname.lastname@example.org
an Inspector appointed by the Secretary of Statefor Communities and Local Government
Decision date:20 January 2009
Appeal Ref: APP/Z4310/A/08/2079502Bellefield Training Ground, land off Sandforth Road, Liverpool and nos. 88,90, 92 and 94 Sandforth Road, Liverpool L12 1LW
The appeal is made under section 78 of the Town and Country Planning Act 1990against a refusal to grant planning permission.
The appeal is made by The Everton Football Club Company Limited against the decisionof Liverpool City Council.
The application Ref. 07F/2301, dated 6 August 2007, was refused by notice dated11 June 2008.
The development proposed is a residential development to form 74 dwellings, formationof access onto Sandforth Road and associated works (including the demolition of numbers 88, 90, 92 and 94 Sandforth Road and structures associated with the formertraining facility).
At the Inquiry an application for costs was made by The Everton Football ClubCompany Limited (the football club) against Liverpool City Council. Thisapplication is the subject of a separate Decision.2.
The planning application which led to this appeal was submitted by the footballclub and David Wilson Homes North West. Following the refusal of planningpermission this appeal was brought by the football club and therefore in thisDecision Letter all references to the appellants are to the football club alone.3.
During the course of the Inquiry the main parties confirmed that the applicationplans listed in Annex A at the end of this decision letter comprise the submittedplans on which the appeal should be determined. A Statement of CommonGround was also agreed between the main parties and submitted in relation tovarious matters.4.
An executed Unilateral Undertaking, made under section 106 of the Town andCountry Planning Act 1990 (the s106 agreement), has been submitted by theappellants to the Inquiry. The s106 agreement contains an obligation relatingto the payment of £100,000 for the provision or improvement of off-site openspace, together with a promise to use the monetary proceeds of the sale of theappeal site towards the provision of a new stadium or, if no stadium isforthcoming, then a promise to apply the monies to the appellants existingstadium. I have taken its contents into account in determining this appeal.
I dismiss the appeal.