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Planning appeal decision

Dismissed14 July 20213270917

Land at Former Bates Colliery Site, Cowpen, Blyth, Northumberland, NE24 5SU.

Planning appeal 3270917 at Land at Former Bates Colliery Site, Cowpen, Blyth, Northumberland, NE24 5SU. (Northumberland County Council) was dismissed on 14 July 2021 by Inspector Cross D, by written representations. The main issue, as the Inspector framed it: Whether the condition is reasonable or necessary in respect of the living conditions of residents with regards to noise and privacy, and the operation of nearby business uses.

detailed planning application for erection of 142no. two-storey 2, 3 and 4 bedroom semi and detached dwellings with associated works without complying with a condition attached to planning permission Ref 16/04622/FUL, dated 6 October 2017

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Cross D

Main issues, as the Inspector framed them

  • Whether the condition is reasonable or necessary in respect of the living conditions of residents with regards to noise and privacy, and the operation of nearby business uses

What decided it

A maintenance scheme would be necessary to ensure the fence retained its function as an effective noise barrier, but it could not be made enforceable as a planning condition due to access constraints and lack of precision, whereas a brick wall would require no maintenance scheme due to its robust construction.

What the Inspector cited

Development plan policies
DC1DC27H21
National Planning Policy Framework
Paragraph 55

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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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.