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Planning appeal decision

Dismissed22 May 20233313867

Land at Low Lane, Middlesbrough, TS5 8EH

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

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.

Plan policies cited: Policy CS4, Policy CS17, Policy CS5, Policy H5, Policy H21

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.