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Dismissed7 March 20223283980

Hillcrest , Stannerford Road, Ryton, NE40 3SN

Planning appeal 3283980 at Hillcrest , Stannerford Road, Ryton, NE40 3SN (Gateshead Metropolitan Borough Council) was dismissed on 7 March 2022 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether or not the proposed development would have been lawful at the time of the LDC application, by virtue of the two proposed single storey outbuildings being within the curtilage of the dwelling house, 'Hillcrest'.

the erection of two single storey buildings within curtilage of existing dwelling to be used as games room and garden store

Authority
Gateshead Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Wharton T
Postcode
NE40 3SN

Main issues, as the Inspector framed them

  • Whether or not the proposed development would have been lawful at the time of the LDC application, by virtue of the two proposed single storey outbuildings being within the curtilage of the dwelling house, 'Hillcrest'

What decided it

The appeal land, although lawfully used for residential purposes, lies outside the curtilage of the dwelling house because it is perceived as a large, separate, adjacent and open site physically and visually distinct from the main dwelling and its original rear garden, and therefore does not meet the dictionary definition of curtilage as 'a piece of ground attached to the dwelling house and forming one enclosure within it'.

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.

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