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Planning appeal decision

Notice upheld7 August 20233315010

Trimmers Arms, 34 Commercial Road, South Shields, NE33 1RW

Planning appeal 3315010 at Trimmers Arms, 34 Commercial Road, South Shields, NE33 1RW (South Tyneside Council) was dismissed on 7 August 2023 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the alleged development has occurred as a matter of fact (ground b).

Material change of use of land to use in connection with a public house (as a beer garden and for holding of outdoor entertainment); erection of timber stage with sides and roof, timber decking, timber pergola, 19 immovable timber seating booths with roofs, and timber building with white plastic roller shutter

Authority
South Tyneside Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Merrett R
Postcode
NE33 1RW

Main issues, as the Inspector framed them

  • Whether the alleged development has occurred as a matter of fact (ground b)
  • Whether the steps required by the enforcement notice exceed what is necessary to achieve its purpose (ground f)

What decided it

The appellant failed to prove on the balance of probability that the alleged development had not occurred, and the enforcement notice's requirements to cease the use and remove structures are necessary to remedy the breach of planning control.

The decision letter

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More decisions in South Tyneside

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

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  3. Allowed29 October 20266014692
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  4. Dismissed23 October 20266011570
    110 Glen Street, Hebburn, NE31 1NE
  5. Allowed19 October 20266010773
    6 Victoria Road East, Hebburn, NE31 1XQ

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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