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Dismissed31 July 20243330380

Former Site of 21 Mill Road, Gateshead Quays, Gateshead, NE8 3AD

Planning appeal 3330380 at Former Site of 21 Mill Road, Gateshead Quays, Gateshead, NE8 3AD (Gateshead Metropolitan Borough Council) was dismissed on 31 July 2024 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether planning permission DC/19/00785/FUL has been lawfully commenced such that the permission has not lapsed because there has not been a failure to discharge conditions precedent attached to that planning permission.

Mixed use development including a hotel, serviced apartments and commercial units

Authority
Gateshead Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Merrett R
Postcode
NE8 3AD

Main issues, as the Inspector framed them

  • Whether planning permission DC/19/00785/FUL has been lawfully commenced such that the permission has not lapsed because there has not been a failure to discharge conditions precedent attached to that planning permission
  • If there was no such failure, whether the development has been begun pursuant to s56(2) of the Act by the carrying out of a material operation

What decided it

The failure to discharge Condition 8 (intrusive land contamination assessment) before 13 November 2022 meant the planning permission could not have been lawfully commenced and has lapsed.

What the Inspector cited

Judgments
R (oao Hart Aggregates Ltd) v Hartlepool BC [2005] EWHC 840 (Admin); Greyfort Properties Ltd v SSCLG [2011] EWCA Civ 908

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.

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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.