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Invalid16 October 20243320096

30 High Gill Road, Nunthorpe, Middlesbrough, TS7 0EA

Planning appeal 3320096 at 30 High Gill Road, Nunthorpe, Middlesbrough, TS7 0EA (Middlesbrough Council *) was decided (invalid) on 16 October 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice complies with the statutory requirements of section 173(10) of the Town and Country Planning Act 1990 and Regulation 4(a) of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002.

Unauthorised installation of raised decking, staircase and additional fencing to the northwest side boundary

Authority
Middlesbrough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whitfield J
Postcode
TS7 0EA

Main issues, as the Inspector framed them

  • Whether the enforcement notice complies with the statutory requirements of section 173(10) of the Town and Country Planning Act 1990 and Regulation 4(a) of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002

What decided it

The enforcement notice failed to specify the LPA's reasons for issuing it and how the development conflicted with the cited policies, rendering it a nullity under section 173(10) of the Act and Regulation 4(a) of the ENAR.

What the Inspector cited

Development plan policies
DC1(b and c)CS5(c)

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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More decisions in Middlesbrough

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld7 May 20263356620
    30 High Gill Road, Middlesbrough, TS7 0EA
  2. Notice varied and upheld29 April 20263377138
    71 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL
  3. Notice varied and upheld29 April 20263354109
    73 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL
  4. Notice varied and upheld29 April 20263354093
    69 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL
  5. Notice upheld22 April 20263358162
    45 Ruskin Avenue, Middlesbrough, TS5 8PG

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.