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

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

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).

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