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Dismissed29 March 20233297166

Michaelhaven Planetrees, Brunton Bank, Wall, Hexham, NE46 4EQ

Planning appeal 3297166 at Michaelhaven Planetrees, Brunton Bank, Wall, Hexham, NE46 4EQ (Northumberland County Council) was dismissed on 29 March 2023 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the Council's deemed refusal to grant a certificate of lawful use or development was well-founded.

described as ‘We are seeking the grant of this Lawful Development application in relation to the existing vehicular access that leads from the B6318 onto the site. This vehicular access was created by the previous landowner and used for allowing access from the road to the track on the adjacent site. A confirmatory statement from the previous landowner is included. I purchased the land in June 2021 and have included an image from just prior to that date showing the vehicular access existed prior. The creation of the access took place more than 10 years ago – and during this time no complaints were received, and no enforcement action was taken, as a result, the access is considered lawful and this application should be granted

Authority
Northumberland County Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Gray E
Postcode
NE46 4EQ

Main issues, as the Inspector framed them

  • Whether the Council's deemed refusal to grant a certificate of lawful use or development was well-founded

What decided it

The access as it existed on 9 November 2021 had been subject to works of operational development for which planning permission was required, and no evidence of such permission existed.

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.

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