Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed31 July 20233311077

Allotment Gardens West of Pelaw Youth Centre, Shields Road, Felling, Gateshead, Tyne and Wear, NE10 0YH

Planning appeal 3311077 at Allotment Gardens West of Pelaw Youth Centre, Shields Road, Felling, Gateshead, Tyne and Wear, NE10 0YH (Gateshead Metropolitan Borough Council) was dismissed on 31 July 2023 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the use of the appeal site as private general amenity land has continued for a period of ten years or more prior to the date of application (25 May 2022) so as to be immune from enforcement action.

Private general amenity land use

Authority
Gateshead Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Merrett R
Postcode
NE10 0YH

Main issues, as the Inspector framed them

  • Whether the use of the appeal site as private general amenity land has continued for a period of ten years or more prior to the date of application (25 May 2022) so as to be immune from enforcement action

What decided it

The appellant's evidence was insufficiently precise and unambiguous to demonstrate continuous use of the land for ten years or more prior to the application date, falling significantly short of the requisite test for lawfulness.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

22 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Gateshead

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld15 April 20263353466
    3 Shield Avenue, Swalwell, Newcastle Upon Tyne, NE16 3EG
  2. Notice upheld6 September 20243341099
    Unit C1, 592 Durham Road, Gateshead, NE9 6HX
  3. Dismissed31 July 20243330380
    Former Site of 21 Mill Road, Gateshead Quays, Gateshead, NE8 3AD
  4. Notice upheld11 July 20243341013
    Caspian Kebab, The Cottage, 18 Talbot Terrace, Birtley, DH3 2PQ
  5. Notice upheld7 June 20243330644
    1-2 Durham Road , Birtley, Chester Le Street, DH3 1LE

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.