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Planning appeal decision

Notice varied and upheld15 April 20263353466

3 Shield Avenue, Swalwell, Newcastle Upon Tyne, NE16 3EG

Planning appeal 3353466 at 3 Shield Avenue, Swalwell, Newcastle Upon Tyne, NE16 3EG (Gateshead Metropolitan Borough Council) was allowed in part (a split decision) on 15 April 2026 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of neighbouring occupiers at 39 and 41 Clavering Road and 1 Shield Avenue, with specific regard to privacy.

without planning permission, the removal of a first floor window in the rear elevation, and the installation of French doors in place of the window, and without planning permission, the installation of a clear glass balustrade on the roof of the single storey rear extension

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones D
Postcode
NE16 3EG

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of neighbouring occupiers at 39 and 41 Clavering Road and 1 Shield Avenue, with specific regard to privacy
  • the effect of the development on the character and appearance of the area

What decided it

The unacceptable harm to the privacy of neighbouring occupiers caused by the elevated roof terrace providing enhanced and prolonged overlooking opportunities into neighbouring rear gardens and first-floor windows outweighs any other considerations.

What the Inspector cited

Development plan policies
Policy CS14Policy CS15Policy MSGP17Policy MSGP24

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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More decisions in Gateshead

The authority’s record since 2016 · every decision in 2026

  1. Notice upheld6 September 20243341099
    Unit C1, 592 Durham Road, Gateshead, NE9 6HX
  2. Dismissed31 July 20243330380
    Former Site of 21 Mill Road, Gateshead Quays, Gateshead, NE8 3AD
  3. Notice upheld11 July 20243341013
    Caspian Kebab, The Cottage, 18 Talbot Terrace, Birtley, DH3 2PQ
  4. Notice upheld7 June 20243330644
    1-2 Durham Road , Birtley, Chester Le Street, DH3 1LE
  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.

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.