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Planning appeal decision

Planning permission granted27 June 20223295706

2 Malham Grove, Ingleby Barwick, Stockton-on-Tees, TS17 0UE

Planning appeal 3295706 at 2 Malham Grove, Ingleby Barwick, Stockton-on-Tees, TS17 0UE (Stockton-on-Tees Borough Council) was allowed on 27 June 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the matter alleged constitutes a breach of planning control (ground c).

The erection of a garden structure to the rear of the Land for the sole purpose of a commercial childcare business without planning permission

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
community-institutional · Householder developments
Inspector
Merrett R
Postcode
TS17 0UE

Main issues, as the Inspector framed them

  • Whether the matter alleged constitutes a breach of planning control (ground c)
  • The effect of the childcare business on the character of the surrounding residential area
  • The effect of the childcare business on the living conditions of nearby residential occupiers with particular regard to noise and activity

What decided it

The development would not result in material harm to the living conditions of nearby residential occupiers with regard to noise and activity, and would not harm the character of the surrounding residential area, justifying the grant of planning permission on ground (a).

What the Inspector cited

Development plan policies
Policy SD8

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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More decisions in Stockton-on-Tees Borough Council

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

  1. Allowed5 August 20266007311
    Little Meadows, Elton, Stockton-on-Tees, TS21 1AG
  2. Allowed15 June 20266004414
    76 High Street, Yarm, TS15 9AH
  3. Notice varied and upheld29 April 20263359857
    Handley Cross Leven Bank Leven Bank Road, Leven Bank Road, Yarm, Durham, TS15 9JL
  4. Dismissed31 March 20263374219
    4 Wass Way, Durham Lane Industrial Estate, Stockton-on-Tees, Cleveland, TS16 0RG
  5. Notice varied and upheld16 March 20263370061
    Land at Little Meadows, Darlington Road, Elton, Stockton-on-Tees, TS21 1AG

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.