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Dismissed22 May 20233313867

Land at Low Lane, Middlesbrough, TS5 8EH

Planning appeal 3313867 at Land at Low Lane, Middlesbrough, TS5 8EH (Middlesbrough Council *) was dismissed on 22 May 2023 by Inspector Major P, following a hearing. The main issue, as the Inspector framed it: Whether the Appellant has satisfied the sequential and impact tests for retail development.

commercial development (Use Class E) including access, parking, and associated infrastructure and development

Authority
Middlesbrough Council *
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
retail · Major retail and services
Inspector
Major P
Postcode
TS5 8EH

Main issues, as the Inspector framed them

  • Whether the Appellant has satisfied the sequential and impact tests for retail development
  • The effect of the proposed development on local highways and transport conditions, and accessibility
  • Whether the proposed development is in an acceptable location, would be of an acceptable quality and provide a suitable environmental impact

What decided it

The combination of poor accessibility for non-car modes and the harmful visual and functional impact of the scale and layout of the development meant the proposal conflicted with the development plan, with no material considerations sufficient to outweigh that conflict.

The proposal's conflicts with the development plan (impact on planned Brookfield investment, poor non-car accessibility, and harmful design/layout) were not outweighed by any material considerations, so the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy CS4Policy CS17Policy CS5Policy H5Policy H21

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.

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The decision letter

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More decisions in Middlesbrough

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

  1. Dismissed16 September 20266011052
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  2. Allowed8 September 20266009132
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  3. Dismissed10 July 20266009087
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  4. Dismissed20 April 20266004514
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  5. Allowed22 August 20253360268
    15 Albert Terrace, Middlesbrough, TS1 3PA

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.