Low Throston House, Netherby Gate, Hart Lane, Hartlepool, TS26 0LF

Planning appeal 3356466 at Low Throston House, Netherby Gate, Hart Lane, Hartlepool, TS26 0LF (Hartlepool Borough Council *) was dismissed on 30 March 2026 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the use of the land as residential curtilage to the Bungalow had been in substantially uninterrupted use for 10 years prior to the LDC application date.

without planning permission, the change of use of land to extend curtilage of 1No. dwelling approved under H/2021/0215 and erection of fence to enclose land into residential curtilage

Authority: Hartlepool Borough Council *
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Franks Z
Postcode: TS26 0LF

Main issues, as the Inspector framed them

Appeal A: Whether the use of the land as residential curtilage to the Bungalow had been in substantially uninterrupted use for 10 years prior to the LDC application date
Appeal B Ground (b): Whether the matters alleged in the enforcement notice have occurred
Appeal B Ground (c): Whether the matters stated in the notice constitute a breach of planning control
Appeal B Ground (d): Whether the alleged development is immune from enforcement action by virtue of 10 years use
Appeal B Ground (f): Whether the requirements of the notice exceed what is necessary to remedy the breach
Appeal B Ground (g): Whether the compliance period is reasonable

What decided it

The appellant failed to demonstrate on the balance of probabilities that the appeal land had an existing residential use prior to its enclosure as part of the Bungalow's curtilage, meaning the material change of use was not immune from enforcement action.

The decision letter

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More decisions in Hartlepool

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

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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.