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Dismissed1 August 20243329628

97a Osborne Avenue, Jesmond, Newcastle Upon Tyne, NE2 1JT

Planning appeal 3329628 at 97a Osborne Avenue, Jesmond, Newcastle Upon Tyne, NE2 1JT (Newcastle Upon Tyne City Council) was dismissed on 1 August 2024 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the appeal property is being used as an independent dwelling such that a material change of use has occurred.

Ground floor independent residential flat as a single, use class C3 dwellinghouse.” Formal

Authority
Newcastle Upon Tyne City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Merrett R
Postcode
NE2 1JT

Main issues, as the Inspector framed them

  • Whether the appeal property is being used as an independent dwelling such that a material change of use has occurred
  • Whether that use has continued for a period of four years or more prior to 25 November 2022, so as to be immune from enforcement

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence, properly corroborated by tenancy agreements and payment records, to demonstrate that the use as an independent dwelling had continued uninterrupted for four years or more prior to the application date.

The decision letter

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More decisions in Newcastle Upon Tyne City Council

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

  1. Notice upheld9 September 20263367274
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  2. Dismissed10 July 20263375430
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  3. Notice upheld29 May 20263354201
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  4. Allowed28 April 20263367491
    136 Wingrove Road, Newcastle Upon Tyne, NE4 9BX
  5. Notice upheld2 June 20253341264
    15 Brandling Park, Jesmond, Newcastle Upon Tyne, NE2 4RR

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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