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Planning appeal decision

Notice upheld23 February 20223287891

115 Brierton Lane, Hartlepool, TS25 5DR

Planning appeal 3287891 at 115 Brierton Lane, Hartlepool, TS25 5DR (Hartlepool Borough Council *) was dismissed on 23 February 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice, being the material change of use of a residential property to a mixed use residential with plant and machinery hire and sales, has occurred as a matter of fact.

Without planning permission, the change of use of a residential property to a mixed use residential with plant and machinery hire and sales

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Gray E
Postcode
TS25 5DR

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice, being the material change of use of a residential property to a mixed use residential with plant and machinery hire and sales, has occurred as a matter of fact

What decided it

The appellants' own admissions combined with photographic evidence of significant intensification of business use involving multiple vehicles, machinery, and customer visits established that a material change of use had occurred, which the appellants failed to disprove on the balance of probabilities.

The decision letter

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More decisions in Hartlepool

The authority’s record since 2016 · every decision in 2022

  1. Dismissed30 March 20263356466
    Low Throston House, Netherby Gate, Hart Lane, Hartlepool, TS26 0LF
  2. Notice upheld29 January 20243327169
    15 Skelton Street, Hartlepool, TS24 9JB
  3. Notice varied and upheld24 May 20233305285
    Seaton Hall Residential Home, 10 The Green, Seaton Carew, Hartlepool , TS25 1AS
  4. Split Decision17 April 20233305149
    17 Butterstone Avenue, Hartlepool, TS24 0GA
  5. Notice varied and upheld16 January 20233308520
    56 Rosthwaite Close, Hartlepool, TS24 8RE

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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