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Notice upheld11 July 20243341013

Caspian Kebab, The Cottage, 18 Talbot Terrace, Birtley, DH3 2PQ

Planning appeal 3341013 at Caspian Kebab, The Cottage, 18 Talbot Terrace, Birtley, DH3 2PQ (Gateshead Metropolitan Borough Council) was dismissed on 11 July 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control.

without planning permission, the erection of a structure comprising of a metal framework and slate tiled monopitch canopy

Authority
Gateshead Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Whitfield J
Postcode
DH3 2PQ

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The requirements of the enforcement notice are not excessive as they are necessary to remedy the breach of planning control, and the Inspector had no jurisdiction to consider alternative solutions without an appeal on ground (a).

The decision letter

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More decisions in Gateshead

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

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  4. Notice upheld7 June 20243330644
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  5. Notice varied and upheld18 April 20243324826
    Middle Hedgefield Farm, Stella Road, Ryton, Blaydon-on-Tyne, Gateshead Borough, NE21 4NN

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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