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Planning appeal decision

Dismissed19 April 20223288014

Spensley's Emporium, 1 Albert Road, Middlesbrough, TS1 1PQ

Planning appeal 3288014 at Spensley's Emporium, 1 Albert Road, Middlesbrough, TS1 1PQ (Middlesbrough Council *) was dismissed on 19 April 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of nearby residents, with particular regard to noise and disturbance.

The erection of a steel framed, timber decked external drinking and smoking terrace over an existing rear yard and outbuildings. The terrace will be accessed from an existing external fire escape stair that runs between an existing first floor fire escape and ground floor yard. The Terrace will have a modern timber screen facing Brunswick Street for visual amenity and the terrace and screens will not connect to the existing listed building other than columns which will interface with roofs and internal or yard floors and existing structure

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Gray E
Postcode
TS1 1PQ

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of nearby residents, with particular regard to noise and disturbance

What decided it

The inadequacy of the noise assessment to demonstrate acceptable impact on the living conditions of vulnerable neighbouring residents, particularly regarding the variable and intrusive character of noise from customers using the terrace during late-night hours.

What the Inspector cited

Development plan policies
CS Policy DC1

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.