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Planning appeal decision

Notice upheld23 January 20233298122

No. 139 Bede Burn Road, Jarrow, NE32 5AZ

Planning appeal 3298122 at No. 139 Bede Burn Road, Jarrow, NE32 5AZ (South Tyneside Council) was dismissed on 23 January 2023 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact.

Without planning permission, the erection on the land of: 1) Timber fencing, brick pillars and brick wall, all on top of the existing brick front boundary wall alongside Bede Burn Road and Field Terrace approximately shown with a red dashed line on the plan attached and marked ‘Plan 2’ (hereinafter ‘Plan 2’); and 2) A pair of high timber gates supported by brick pillars on the front boundary alongside Field Terrace in the location approximately shown with three red crosses on Plan 2

Authority
South Tyneside Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Gray E
Postcode
NE32 5AZ

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact
  • Whether there has been a breach of planning control
  • Whether, at the time the enforcement notice was issued, it was too late to take enforcement action
  • Whether the steps required to comply with the requirements of the notice are excessive

What decided it

The appellant failed to provide sufficient corroborating evidence to demonstrate on the balance of probabilities that the operational works were substantially completed before 23 March 2018, placing them outside the four-year enforcement period.

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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