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Planning appeal decision

Notice varied and upheld29 April 20263354109

73 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL

Planning appeal 3354109 at 73 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL (Middlesbrough Council *) was allowed in part (a split decision) on 29 April 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: The effect of the development on playing field provision and open space.

Material change of use of land from sports field and primary open space to residential garden, and erection of fencing to enclose the land

Authority
Middlesbrough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hartley D
Postcode
TS5 5NL

Main issues, as the Inspector framed them

  • The effect of the development on playing field provision and open space
  • Whether the development preserves or enhances the character or appearance of the Linthorpe Conservation Area

What decided it

The breach of planning control resulted in a significant loss of playing field and open space capacity contrary to paragraph 104 of the Framework and local plan policies, and caused less than substantial harm to the conservation area with no identified public benefits to outweigh it.

The loss of playing field provision and open space, and the less than substantial harm to the conservation area, outweighed the appellant's claims regarding removal of a fire-damaged building and land remediation, as these did not constitute public benefits sufficient to justify the unauthorised use.

What the Inspector cited

Development plan policies
saved policy E7 of the Middlesborough Local Plan 1999policy DC1(e) of the Core Strategy 2008policy CS4(j) of the Core Strategy 2008policy CS5 of the Core Strategy 2008policy NE3 of the draft Middlesborough Publication Local Plan 2025
National Planning Policy Framework
Paragraph 232Paragraph 104Paragraph 215

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 Middlesbrough

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

  1. Notice varied and upheld7 May 20263356620
    30 High Gill Road, Middlesbrough, TS7 0EA
  2. Notice varied and upheld29 April 20263377138
    71 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL
  3. Notice varied and upheld29 April 20263354093
    69 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL
  4. Notice upheld22 April 20263358162
    45 Ruskin Avenue, Middlesbrough, TS5 8PG
  5. Notice varied and upheld13 April 20263369586
    9 Chester Street, Middlesbrough, TS1 4NW

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.