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Allowed30 June 20233318223

The Bruce Building, 115 Percy Street, Newcastle Upon Tyne, NE1 7RP

Planning appeal 3318223 at The Bruce Building, 115 Percy Street, Newcastle Upon Tyne, NE1 7RP (Newcastle Upon Tyne City Council) was allowed on 30 June 2023 by Inspector Walker R, following a hearing. The main issue, as the Inspector framed it: Whether condition 14 of the planning permission is necessary, enforceable, and reasonable, having regard to the development plan, the living conditions of future occupiers, with particular reference to internal living space and other material considerations.

Minor Material Amendment (variation of condition 2) to planning decision 2013/1430/01/DET, seeking removal of condition 14 restricting occupancy of the converted self-contained student studio apartments to student housing

Authority
Newcastle Upon Tyne City Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Other Major Developments
Inspector
Walker R
Postcode
NE1 7RP

Main issues, as the Inspector framed them

  • Whether condition 14 of the planning permission is necessary, enforceable, and reasonable, having regard to the development plan, the living conditions of future occupiers, with particular reference to internal living space and other material considerations
  • If condition 14 is not reasonable and necessary whether, having regard to local and national policy, there is a requirement for affordable housing to be provided and, if so, whether adequate provision would be made for affordable housing

What decided it

Removal of condition 14 would not amount to a material change of use or create new dwellings, so the occupancy restriction was not necessary or reasonable regardless of who occupied the apartments.

What the Inspector cited

Development plan policies
Policy DM7Policy H2Policy CS11Policy DM12
National Planning Policy Framework
Paragraph 62
Judgments
Freddie Reid vs SSLUHC [2022] EWHC 3116 (Admin)

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.

See how each was applied

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.

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.