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Planning appeal decision

Dismissed29 March 20233297166

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

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.