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Dismissed16 July 20266004709

13 Gypsy Lane, Marton, Middlesbrough, TS7 8NF

Planning appeal 6004709 at 13 Gypsy Lane, Marton, Middlesbrough, TS7 8NF (Middlesbrough) was dismissed on 16 July 2026 by Inspector E Fawcett, by written representations. The main issue, as the Inspector framed it: whether the appeal proposal can be considered under section 73 of the Town and Country Planning Act 1990.

retrospective summerhouse to rear garden and part change of use of existing property to allow for childcare provision for upto 9 children and 3 staff members, Mon-Fri, 8am -5pm (term time only) without complying with a condition attached to planning permission Ref 24/0521/COU dated 6 June 2025

Authority
Middlesbrough
Appeal type
Planning
Procedure
Written
Development
community-institutional
Inspector
E Fawcett
Postcode
TS7 8NF

Main issues, as the Inspector framed them

  • whether the appeal proposal can be considered under section 73 of the Town and Country Planning Act 1990
  • the effect of the proposal on the character of the area
  • the effect of the proposal on the living conditions of neighbouring occupiers, with particular regard to noise and disturbance

What decided it

The proposal to increase the maximum number of children from 9 to 12 would require a variation to the operative part of the original planning permission (its description of development), which is beyond the scope of a section 73 application under the Finney judgment.

What the Inspector cited

Development plan policies
DC1CS5
National Planning Policy Framework
Paragraph 12

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. Allowed6 May 20266002036
    Land On The East Side Of Marton Road, Middlesbrough, TS4 3SE
  2. Allowed25 November 20253369618
    Land On The North West And South East Sides Of The A19, Middlesbrough, TS5 4QL
  3. Allowed7 August 20253351886
    Nunthorpe Grange, Nunthorpe, Middlesbrough, TS7 0PD
  4. Dismissed7 October 20243341975
    Green Lane, Middlesbrough, TS5 7RJ
  5. Dismissed3 March 20233297347
    Land at Hemlington Lane, Middlesbrough, TS8 9DW

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.