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Planning appeal decision

Dismissed10 July 20263375430

Bede House, 20 Stanhope Street, Arthurs Hill, Newcastle-Upon-Tyne, NE4 6BH

Planning appeal 3375430 at Bede House, 20 Stanhope Street, Arthurs Hill, Newcastle-Upon-Tyne, NE4 6BH (Newcastle Upon Tyne City Council) was dismissed on 10 July 2026 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, having regard to whether the 2011 permission for hot food takeaway use was lawfully implemented.

hot food takeaway

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Kean G
Postcode
NE4 6BH

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, having regard to whether the 2011 permission for hot food takeaway use was lawfully implemented

What decided it

The failure to discharge or comply with conditions precedent, particularly the requirement for an approved extraction flue system prior to commencement of the hot food takeaway use, and the absence of evidence of 10 years' continuous lawful use.

The decision letter

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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.

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