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Planning appeal decision

Dismissed3 March 20233297347

Land at Hemlington Lane, Middlesbrough, TS8 9DW

Planning appeal 3297347 at Land at Hemlington Lane, Middlesbrough, TS8 9DW (Middlesbrough Council *) was dismissed on 3 March 2023 by Inspector Symmons J, by written representations. The main issue, as the Inspector framed it: The effect of the development on trees, biodiversity and ecology.

Erection of 18 no bungalows with associated access and landscaping works

Authority
Middlesbrough Council *
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Symmons J
Postcode
TS8 9DW

Main issues, as the Inspector framed them

  • The effect of the development on trees, biodiversity and ecology
  • The effect of the development on the living conditions of the existing residents on Hemlington Lane with respect to traffic noise and disturbance
  • The effect of the development on Teesmouth Special Protection Area as a habitat site

What decided it

The failure to demonstrate that appropriate mitigation could be achieved to remove the proposal's negative effect on the Teesmouth SPA regarding nutrient neutrality, contrary to the Conservation of Habitats and Species Regulations 2017 and the precautionary principle.

The moderate benefits of providing 18 dwellings and affordable housing contribution did not overcome the substantial weight attached to the unmitigated harm to the Teesmouth SPA and the failure to secure adequate highway mitigation, resulting in adverse impacts significantly outweighing the benefits.

What the Inspector cited

Development plan policies
Policy DC1(e)Policy CS4(j)Policy DC1(c)Policy H12
National Planning Policy Framework
Paragraph 131Paragraph 174Paragraph 57

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 authority’s record since 2016 · every decision in 2023

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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.