Appeal 6002681

The appeal is allowed and planning permission is granted for a petrol filling station with ancillary retail unit and kiosk at [site address] in accordance with the terms of the application, [name]/2024/01997, subject to the conditions in the attached schedule.

An application for costs was made by EG on the Move Limited against Sefton Metropolitan Borough Council and is the subject of a separate decision.

Following submission of this appeal, the appellant has engaged in discussions with the Local Highway Authority in relation to the highway matters which formed the Council’s second reason for refusal. The Statement of [name] which has been provided confirms that subject to the imposition of suitably worded planning conditions, all substantive highway matters have been resolved. Therefore, the Council are not defending this reason for refusal, and I have determined the appeal on this basis.

The main issue is the effect of the proposed development on the character and appearance of the area.

The appeal site comprises a vacant parcel of land situated at the corner of [address] North and Westway. The site currently includes an existing residential property, known as [address] North, which is currently vacant and in a state of disrepair. It also includes an area of hardstanding, which has previously been used for staff car parking1, which is largely obscured by a number of trees and vegetation.

The site falls within an area designated as Maghull Town Centre and is identified as a regeneration site in the Local Plan for Sefton 2030, adopted 2017 (the LP). Part of the site also lies within the Primary Shopping Area. Whilst there are a number of residential properties close by, the immediate surrounding area also includes a range of community and commercial uses, which together contribute to the mixed character of the area.

The proposed development would involve the redevelopment of the site to provide a petrol filling station, retail unit, and kiosk. The petrol filling station and customer parking would be located centrally within the site, whilst an electric vehicle (EV) charging area is proposed to the north of the site. There would be a separate vehicular and pedestrian access from [address] North.

Policy ED6 of the LP states that development should make a positive contribution to the regeneration of the defined centre, including by providing modern, high quality, town centre floor space. The Council states that the proposed development has the potential to support the town centre by bringing a long-term vacant and underutilised site back into use, which would align with the overarching objectives to enhance the function and attractiveness of town centres. The Council further states that the proposal would not result in an over-concentration of non-retail uses which could undermine the retail character of the Primary Shopping Area. Accordingly, the Council has raised no objection in principle to the development of the site for the use proposed. Based on the evidence before me and my own observations, I see no reason to disagree with this conclusion.

Policy EQ2 of the LP requires that development proposals respond positively to the character, local distinctiveness, and form of their surroundings. The appeal site occupies a prominent position on the corner of a busy road junction and is identified as being located on one of the key approaches to the town centre. At present the site does not make a positive contribution to the character and appearance of the area, being largely vacant. Accordingly, it is not disputed that the site is currently under-utilised and represents a significant opportunity to enhance views of the site and the approach to the town centre.

There is significant variety of design, layout and appearance of the existing development on [address] North and Westway close to the site. The surrounding area includes [name] which is a modern, functional and utilitarian style building, with a low, shallow-pitched roof and a simple, functional design, and is located on the opposite side of Westway, next to a community garden/woodland project. There is also a modern red brick and tile, two-storey residential building on the opposite side of [address] North. These buildings contribute to the prevailing character, alongside the more formalised layout and design of the main town centre buildings which surround the [address] and the more traditional residential development found along [address] North.

The proposal comprises a building with a single shallow‐pitched roof, including a front overhang, finished predominantly in glazing, with a mix of timber and composite cladding. Within the varied local context, I find that the design, materials 1 Planning Application Ref: S/2010/1503 and overall appearance would result in a modern, high-quality development that responds well to the surrounding built form and would represent a positive addition to the area. The proposed landscaping scheme, incorporating tree and ornamental shrub planting, would further assist in integrating the development with its surroundings, enhancing the approach to the town centre, and improving views of the site. Collectively, these elements would enhance the character and appearance of the area and support the regeneration objectives for Maghull Town Centre.

The National Design Guide (the NDG) defines active frontages as the front of a building with openings onto the space that generate activity and engagement between the building interior and the space outside, particularly entrances. The front elevation of the proposed building would face towards the petrol station forecourt, where the main entrance would be located. The proposed building would also include elevations facing towards Westway and [address] North. Both elevations would incorporate extensive glazing, which would provide visual interest, allow views into and out of the building, and enable natural surveillance of the surrounding streets and spaces. In doing so, the development would avoid the introduction of blank or visually inactive elevations onto the public realm and would ensure an appropriate relationship between the building and its prominent corner location.

The Council has expressed concern that the proposal would not form a clear pedestrian connection to the town centre and, in particular, that no pedestrian access is proposed from Westway. The pedestrian access to the retail unit would instead be provided from [address] North. I observed at my site visit that the land level along the Westway frontage sits noticeably higher than the adjoining footway, a relationship which is also evident on the submitted drawings. In these circumstances, the appellant indicates that providing an alternative pedestrian access would necessitate additional infrastructure, such as a ramp, which would encroach into the landscaped frontage and introduce further built elements to this prominent elevation.

I acknowledge that whilst additional permeability can be a desirable characteristic in town centre locations, this is not an essential requirement in every case. Having regard to the proposed use of the site, the constrained site levels, and the design-led approach to the Westway elevation, I find that the development would nonetheless achieve an appropriate and visually engaging relationship with the street and approach to the town centre. The proposal would provide a clear and convenient pedestrian access to the retail unit, and the lack of an additional access point onto Westway would not undermine the overall design quality of the scheme.

[name] have had regard to the alternative design approaches which have been suggested by the Council, no substantive evidence has been provided to demonstrate that these would be feasible. Even if an alternative form of development were achievable, it would not necessarily deliver a materially better outcome given the site’s context and the operational layout of a petrol filling station. Furthermore, I must determine the appeal on the scheme before me.

For the above reasons, I therefore find that the proposed development would not cause harm to the character and appearance of the area. Thus, it would be in accordance with Policies EQ2 and ED6 of the LP, which together seek amongst other things, high-quality, modern development that supports town centre vitality. It would also comply with the guidance contained within the NDG and the National Planning Policy Framework, which promote active, well-designed frontages and inclusive, vibrant public spaces.

Based on the information available, the proposal is subject to statutory [name] (BNG). The statutory framework for BNG involves the discharge of the [name] following the grant of planning permission to ensure the objective of at least 10% net gain will be met for a development. The applicant has indicated that BNG would be delivered off-site. However, the Merseyside Environmental Advisory Service has advised that there is currently no formal mechanism for securing off-site habitat provision within Sefton.

In such cases, the applicant would be required to utilise a recognised habitat bank, and any off-site biodiversity units must be formally allocated to the development and recorded before the Local Planning Authority can approve a Biodiversity Gain Plan. Whilst there is a preference for on-site gains, nonetheless off-site biodiversity gains, including those arising from the purchase of biodiversity credits, are listed as an appropriate means of mitigation and there is no suggestion that the delivery of BNG off-site would significantly undermine local biodiversity provision. Therefore, subject to the discharge of the [name], I am satisfied that the proposed development would not cause unacceptable harm to biodiversity.

My attention has been drawn to concerns which have been raised about a lack of consultation. However, I have been provided with copies of the site notice and neighbour notification letter. I am also aware of the considerable number of representations the application attracted. Therefore, I am satisfied that the consultation which took place enabled local people to express their views on the proposed development, which have been taken into account in assessing the appeal.

In addition to the points raised by concerned neighbours that I have addressed above, concerns have also been expressed including but not limited to the following: the need for a petrol station, the effect of the proposal on nearby businesses, concerns regarding noise, light, and air pollution, the absence of a community use or benefit, the effect on local wildlife and nearby green spaces, the risk of anti-social behaviour, and the demolition of an existing dwelling.

However, I note that these matters were considered, where relevant, by the Council at the application stage and did not form part of the reason for refusal, which I have dealt within the assessment above. [name] can understand these concerns, there is no compelling evidence before me that would lead me to reach a different conclusion to the Council on these matters. I have considered this appeal on its own merits and concluded that it would not cause harm for the reasons set out above.

I have had regard to the conditions suggested by the Council and the advice in the Planning Practice Guidance. For clarity, brevity and to avoid duplication, I have rationalised and reworded some of the suggested conditions. Several are pre‐commencement conditions, and I have obtained the appellant’s written consent for those I have imposed.

In addition to the standard commencement condition (1), a plan‐compliance condition (2) is required in the interests of certainty. A further condition (6) requiring submission of external materials details is necessary to protect the character and appearance of the area.

A pre‐commencement condition relating to highway works (3) is imposed in the interests of highway safety. A Construction Environmental Management Plan (4) is required to protect neighbouring living conditions, and a further pre‐commencement condition for the installation of the fuel tanks (5) is necessary to safeguard the local water environment.

Conditions requiring adherence to the submitted Construction Management Plan (7), [name] (8) and Landscaping Plan (9) are necessary for certainty, to avoid harm to highway safety, to ensure satisfactory drainage, and to protect the character and appearance of the area.

A condition relating to contaminated land (10) is required to minimise risks to future users and neighbouring land uses. A further condition (11) restricting use of the jet wash during the evening and night‐time is necessary to protect the living conditions of neighbouring occupiers.

I have not imposed the Council’s suggested condition relating to archaeological investigations, as the need for it has not been adequately demonstrated. For the same reason, I have not imposed the condition relating to the operating use of the retail premises.

It is not necessary to impose a condition requiring the submission of a Biodiversity Gain Plan (BGP) as the deemed [name], under Schedule 7A of the Town and Country Planning Act ensures that the development cannot commence until a BGP has been submitted to an approved by the local planning authority. Further details on BNG and the applicable deemed biodiversity gain condition are set out in the Planning Practice Guidance.

For the reasons given above the appeal should be allowed.

The development hereby permitted shall begin not later than [three] years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: • 240512-00 - Site Location Plan • 240512-03(A) - General Site Plan • 240512-06 – [name] • 240512-07 – [name] • 240512-09 – [name] • 240512–PL10(C) – Site Elevations • 240512–PL11(B) – 3D Visuals • 240512-PL12 – Building Elevations • 240512-PL13 – Proposed Floor Plan • 5499 01 – [name] • MGL-IST-LM-2419-DR-C-0500 (Rev P03) – Drainage Strategy Plan

No development shall commence until a detailed scheme of highway works has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include: • Construction of the formalised site access (including layout, width, tracking and visibility splays) • Implementation of “[name]” markings on [address] North • Provision of a new surface-level crossing on [address] North • Installation of dropped kerbs and tactile paving at the Westway/[address] North signal-controlled junction No part of the development shall be brought into use until the required highway works have been constructed in accordance with the approved details.

No development shall commence, including any works of demolition, until a Construction Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved statement shall be adhered to throughout the construction period.

The development hereby permitted shall not commence until such time as a scheme to install the tanks has been submitted to, and approved in writing by, the local planning authority. The scheme shall include the full structural details of the installation, including details of excavation, the tanks, tank surround, associated pipework and monitoring system. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes subsequently agreed, in writing, by the local planning authority.

No development above slab level shall take place until details/samples of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details/samples.

The development shall be carried out in accordance with the Construction Traffic Management Plan (Dynamic Transport Planning – September 2024) unless a variation is first submitted to and approved in writing by the Local Planning Authority.

The development hereby permitted shall be carried out in accordance with the approved [name] (05.11.2024 / 24093077 / iStruct consultants) and submitted [name]. The approved scheme shall be fully constructed prior to the development first being brought into use.

The approved landscaping scheme as shown on drawing 5499 01 (dated October 2024) shall be carried out in the first planting season after the substantial completion of the development. Any trees or plants which within 5 years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of matching size and species.

In the event that previously unidentified contamination is found at any time when carrying out the approved development immediate contact must be made with the Local Planning Authority and works must cease in that area. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which shall be submitted to and approved in writing by the Local Planning Authority.

Customers are not permitted to use the jet washers at any time outside the hours of 07:00 and 22:00. End of Schedule