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Planning appeal decision

Dismissed2 July 20213270584

Land to the Side of The Barns, Cherry Cottage, Blakeston Lane, Stockton On Tees, TS21 3LE

Planning appeal 3270584 at Land to the Side of The Barns, Cherry Cottage, Blakeston Lane, Stockton On Tees, TS21 3LE (Stockton-on-Tees Borough Council) was dismissed on 2 July 2021 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

erection of ancillary building measuring 13.716m x 9.144m and will be 4m tall at the apex

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Gray E
Postcode
TS21 3LE

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The paddock land does not have an intimate connection with the dwelling and does not serve its purposes in a reasonably necessary or useful manner, and therefore does not fall within the curtilage of the dwellinghouse for the purposes of Class E permitted development rights.

What the Inspector cited

Judgments
Methuen-Campbell v Walters [1979] 1 QB 525

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.

See how each was applied

The decision letter

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More decisions in Stockton-on-Tees Borough Council

The authority’s record since 2016 · every decision in 2021

  1. Allowed21 October 20266013736
    74a Darlington Road, Stockton-on-Tees, TS18 5ET
  2. Allowed6 August 20266005240
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  3. Allowed5 August 20266007311
    Little Meadows, Elton, Stockton-on-Tees, TS21 1AG
  4. Allowed15 June 20266004414
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  5. Dismissed1 June 20266004726
    Footpath Outside 45 Oxbridge Lane, Stockton-on-Tees, TS18 4AP

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.