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Dismissed3 May 20243283989

Plot 12, East Quayside, Newcastle Upon Tyne, NE1 2PD

Planning appeal 3283989 at Plot 12, East Quayside, Newcastle Upon Tyne, NE1 2PD (Newcastle Upon Tyne City Council) was dismissed on 3 May 2024 by Inspector Fagan N, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposed development, in particular its design, on the character and appearance of the area.

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
Postcode
NE1 2PD

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.

What the Inspector cited

Development plan policies
Policy CS15Policy CS16Policy UC12Policy UC13Policy UC14Policy CS10Policy CS14Policy DM20Policy DM16Policy DM7Policy DM23Policy DM5
National Planning Policy Framework
Paragraph 11Paragraph 77Paragraph 129Paragraph 130Paragraph 131Paragraph 135Paragraph 137Paragraph 138Paragraph 139Paragraph 205Paragraph 208
Judgments
Visao Ltd v SSHCLG [2019] EWHC 276 (Admin); Barnwell Manor [2014] EWHC Civ 137; Forge Field v Sevenoaks District Council [2014] EWCA 1895

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.