®Planning appeal decision
Plot 12, East Quayside, Newcastle upon Tyne, NE1 2PD
erection of residential development comprising 289 apartments (Class C3), up to 299m2 (NIA) ground floor resident amenity/commercial space (Class E/Sui Generis) within a building of between 11 and 14 storeys (including ground floor) with further resident amenity space, storage, associated access, car parking, landscaping and urban realm works as amended by plans received 23 October 2020
- Authority
- Newcastle Upon Tyne City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- The effect of the proposed development, in particular its design, on the character and appearance of the area.
- Its effect on designated heritage assets.
- Its effect on the living conditions of future occupants in respect of internal space standards.
- Its effect on the living conditions of residents at St Ann's Quay, and in the proposed development itself, in respect of daylight/sunlight and outlook.
- Whether the Council can demonstrate a five-year housing land supply (5YHLS).
- The benefits of the development scheme and the planning balance.
What decided it
The cumulative harm from poor design/character impact, heritage harm to St Ann's Church and Sailor's Bethel, and unacceptable living conditions (space standards and daylight/sunlight) was not outweighed by the proposal's public benefits.
The public benefits, even attributing substantial weight to housing delivery and economic benefits, did not outweigh the moderate less than substantial harm to designated heritage assets, the harm to character and appearance, the failure to meet NDSS, and the daylight/sunlight harms, such that the balance tipped decisively against the proposal.
Framework references: 11, 77, 129, 130, 131, 135, 137, 138, 139, 205, 208
Plan policies cited: Policy CS15, Policy CS16, Policy UC12, Policy UC13, Policy UC14, Policy CS10, Policy CS14, Policy DM20, Policy DM16, Policy DM7, Policy DM23, Policy DM5
Judgments cited: Visao Ltd v SSHCLG [2019] EWHC 276 (Admin); Barnwell Manor [2014] EWHC Civ 137; Forge Field v Sevenoaks District Council [2014] EWCA 1895
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.