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Planning appeal decision

Allowed16 January 20243327026

33A Gerrard Road, Whitley Bay, NE26 4NJ

Planning appeal 3327026 at 33A Gerrard Road, Whitley Bay, NE26 4NJ (North Tyneside Council) was allowed on 16 January 2024 by Inspector Storey P, by written representations. The main issue, as the Inspector framed it: Whether the disputed condition is necessary and reasonable in terms of safeguarding the living conditions of the occupiers of the neighbouring property at No 33 Gerrard Road, with specific regard to the privacy of the side-facing kitchen window of No 33.

Variation of condition 1 of planning approval 22/01420/FULH. Position of kitchen window to be moved along existing wall

Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Storey P
Postcode
NE26 4NJ

Main issues, as the Inspector framed them

  • Whether the disputed condition is necessary and reasonable in terms of safeguarding the living conditions of the occupiers of the neighbouring property at No 33 Gerrard Road, with specific regard to the privacy of the side-facing kitchen window of No 33

What decided it

The repositioned window would not worsen the existing overlooking situation compared to the pre-existing window arrangement and garden views, and therefore the condition requiring fixed shut and obscure glazing was not necessary or reasonable under paragraph 56 of the Framework.

What the Inspector cited

Development plan policies
DM6.2
National Planning Policy Framework
Paragraph 56

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 authority’s record since 2016 · every decision in 2024

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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.