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Dismissed28 June 20243339867

44 Greenhaugh, West Moor, Newcastle Upon Tyne, Tyne And Wear, NE12 7WA

Planning appeal 3339867 at 44 Greenhaugh, West Moor, Newcastle Upon Tyne, Tyne And Wear, NE12 7WA (North Tyneside Council) was dismissed on 28 June 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the LPA's decision to refuse the application for a certificate of lawful use or development was well-founded, with particular regard to whether the proposal would amount to development for which planning permission is required.

described as: “it is proposed to enclose the area in question with a wooden fence of height no greater than 2 metres from ground level and then landscape the area as an extension to the main garden. There are no plans to install any permanent buildings on the site

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whitfield J
Postcode
NE12 7WA

Main issues, as the Inspector framed them

  • Whether the LPA's decision to refuse the application for a certificate of lawful use or development was well-founded, with particular regard to whether the proposal would amount to development for which planning permission is required

What decided it

The proposed use of the land as a residential garden would constitute a material change of use from its existing character as a wildlife corridor, requiring planning permission which has not been obtained.

What the Inspector cited

Development plan policies
North Tyneside Local Plan (2017)

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.