# 41a Liverpool Road, Birkdale, Southport - **Decision:** allowed, 1 September 2026 - **Decided by:** Planning Inspector: R Gravett - **Authority:** Sefton (North West) - **Appeal reference:** 6010397 - **Application reference:** DC/2025/01256 - **Procedure:** written-representations - **Development:** First-floor extension to form a two-bed flat above a hairdresser's - **Homes:** 1 - **Site context:** inside-settlement, conservation-area, near-station - **Green Belt:** no - **Framework applied:** August 2026 NPPF - **Determinative policies:** S4(1), L2, CC2(2), TC2 - **Development plan policies:** A Local Plan for Sefton 2017 SD2 - **Main issues:** effect on neighbouring solar panels - **Tags:** s4-within-settlement, s4-approve, l2-airspace, plan-conflict-overridden, solar-shading, conservation-area, parties-consulted-on-2026-framework ## Summary A first-floor flat above a single-storey hairdresser's in Birkdale village centre. The council refused it because it would shade the Post Office's solar panels next door. **Allowed.** The inspector found moderate harm to the panels' operation, which conflicted with local plan SD2 and cut against CC2(2). But under S4, one new home using airspace above a commercial unit (L2, substantial weight) was not "substantially outweighed". The Framework, "a material consideration of critical importance", justified departing from the plan. ## Issues and findings - **Transition.** "The Framework is a material consideration of critical importance which should be taken into account from the day of publication" (DL ¶2). - **Solar shading: moderate harm.** The evidence was thin, but "Policy DM2 … states that additional information … should be proportionate … there would unlikely be a total, or even significant, loss in operation or performance" (DL ¶10). Conclusion: "a moderate harmful effect" (DL ¶11). - **CC2(2).** The harm "would fail to accord with Policy CC2 paragraph 2 … which requires that substantial weight be given to the benefits of improving the energy efficiency of existing buildings, including through the installation of solar panels" (DL ¶20). - **TC2.** No evidence the Post Office would close. TC2 "recognises that [vitality] can be achieved through … provision of residential accommodation" (DL ¶21). - **L2.** "substantial weight to the benefits of creating additional homes within settlements by using the airspace above existing commercial premises" (DL ¶22). ## Planning balance S4(1): "the benefit of creating an additional home in this location would not be substantially outweighed by the harmful effect on the operation of the solar panels … although I have found conflict with the development plan, the Framework is a material consideration of critical importance which indicates planning permission should be granted" (DL ¶23). ## What made the difference The harm was moderate, not significant, and the benefit engaged L2's specific airspace limb. The inspector used S4 as the material consideration overriding a plan conflict. Significant loss of solar output, or evidence of a threat to the Post Office, could have tipped the balance. ## Transferable points - Loss of a neighbour's solar output engages CC2(2), but moderate shading does not substantially outweigh an L2 airspace home (DL ¶20-23). - S4 can justify departing from the development plan (DL ¶23, 28). - DM2 proportionality means a small scheme is not refused for incomplete technical evidence where the likely effect can be judged (DL ¶10). - Appeal-stage evidence may be refused where neighbours have not seen it, even if the council has (DL ¶4). ## Policy findings - **CC2(2): harm.** moderate harm to operation of neighbour's (Post Office) roof solar panels through shading; conflicts with CC2(2) substantial weight to solar installations (DL 6-11, 20) - **L2: benefit (substantial weight).** new home using airspace above commercial premises, consistent with street scene, acceptable living standards (DL 22) - **TC2: benefit.** residential intensification supports centre vitality; no evidence the Post Office would close (DL 21) - **DM2: neutral.** information should be proportionate; incomplete solar evidence not fatal for a small scheme (DL 10) - **S4(1): pass.** moderate solar harm does not substantially outweigh one airspace home; Framework outweighs plan conflict (DL 19, 23) ## Key facts - Only conflict was with Sefton SD2 (climate change / best use of resources) due to shading of neighbour's panels - Appeal-stage solar evidence rejected as neighbours may not have seen it - In Birkdale Village CA; design matches the adjoining house, CA preserved ## Sources - https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6010397 - https://appeal-planning-decision.service.gov.uk/published-document/fac227f2-5d07-4ae3-acc0-3ad2ca89ede3 --- Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6010397.html A summary of a public planning decision, written from the decision letter. 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