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Prism Planning Succeed at Appeal – Enforcement Notice Quashed, Planning Permission Granted

Prism Planning are delighted to have successfully defended at client at appeal against an enforcement notice served by Gateshead Council, with the notice being quashed and planning permission being granted.

Wilsons Motor Auctions had inadvertently undertaken works at their premises on the Portobello Industrial Estate, Birtley without first obtaining planning permission.  The motor auctions site had been going from strength to strength, with new offices and auction hall being created and additional storage area for cars was required.  Unfortunately, our clients hadn’t realised that forming an extension to their car park by laying rolled road planings over an untidy area of grass within the curtilage of their premises required planning permission, it does as it constitutes a change of use of the land and represents engineering works also.

Ahead of our involvement, our clients had submitted a retrospective planning application to Gateshead Council immediately following contact from the Council’s planners advising of their oversight and inviting the submission of an application.  Their followed a period of constructive discussions with the planning case officer, with agreement being reached on a number of measures that would address concerns that had been raised by some neighbours.  This culminated in the application being reported to the Council’s Planning Committee with a recommendation that planning permission be granted subject to conditions. 

Unfortunately, the Committee disagreed with the recommendation, refused planning permission and instructed their officer to instigate enforcement proceedings.  We were engaged to appeal against the enforcement notice and against the refusal of planning permission, which we did contemporaneously.

We were pleased to note from the Inspector’s decision letter that in quashing the enforcement notice and granting planning permission he agreed with every single point we had made as to why the development undertaken was acceptable in planning terms.  The appeal decision is subject to planning conditions, all of which had previously been agreed to by our client.