5 St Marys Road, Garston, Liverpool

appeal 6010552·Liverpool·18 September 2026dismissed
Decision
dismissed, 18 September 2026
Decided by
Planning Inspector: Les Greenwood
Authority
Liverpool (North West)
Appeal reference
6010552
Application reference
25F/1821
Procedure
written representations
Development
Extension and change of use of vacant upper floors (consented as 2 flats) to 7-bed HMO above retained shop
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
HO9, L2(1)(d)(ii)
Development plan policies
Liverpool Local Plan 2013-2033 SP2, H10, SPG7
Main issues
living conditions of future occupiers

Summary

Seven-bed HMO in long-vacant space above a shop in Garston district centre. The principle was supported, but the appeal was dismissed because the accommodation "would be cramped and awkward for occupation by 7 people" and had no external space (DL ¶¶11–13). HO9(c) and L2 were read as imposing living-standard requirements on HMOs (DL ¶10). Parties had commented on the new Framework (DL ¶6).

What made the difference

Meeting minimum room sizes "just" was not enough, given the combination of cramped internal space and no outdoor amenity (DL ¶¶11–12). The Inspector would not accept a yard introduced at appeal because it raised new issues (DL ¶5).

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
HO9failHO9(c) read as requiring HMOs to "provide adequate living and storage space and sufficient shared cooking, laundry and amenity areas" — cramped layout, no external space (DL 10-13)
L2(1)(d)(ii)faileffective-use support conditional on acceptable living standards incl. external amenity space (DL 10, 13)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.