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Albert Edward Dock

Full planning application for 67 apartments in two blocks (a nine-storey and an eight-storey).

North Tyneside Council had refused the applications on the grounds of design and noise. With regard to design, the council said:

“...the proposed development is of an unattractive design and of an inappropriate height and scale which is not in keeping with the character and appearance of this area and which will adversely affect the quality of the environment and will affect views to and from north and south of the river. The proposal is contrary to policy H11 and DCPS No. 14 of the North Tyneside Unitary Development Plan.”

The developers appealed against the decision.

Decision at appeal

The inspector dismissed the appeal on 21 March 2007. The main reasons for dismissal were the potential impact on the character and appearance of the surrounding area.

Comments from the planning inspector

  • “stark and obtrusive”
  • of insufficient design quality
  • inappropriate in its context
  • failed to take opportunities available to improve character and quality of the surroundings.

Other issues

  • the living conditions of future residents of the proposed development
  • making best use of land in a sustainable way while respecting local character (PPS3).
  • the lack of amenity space (the proposed design fell short of the high standard required by PPS1)
  • the setting of a listed building and the neighbouring land use.

Policies which the inspector referred to

Result of the appeal

The appeal was dismissed.

Key lessons

  • it is important to have specific local design policy and characterisation studies to determine local distinctiveness and support national policy
  • a proposal that does not improve and enhance the character and quality of an area and the way it functions should not be accepted (PPS1: Delivering sustainable development)
  • Good design, as advocated in PPS3: Housing, is essential to new development and councils have the right to require high quality design
  • By Design: urban design in the planning system and other guidance, such as Guidance on tall buildings are material considerations in planning decisions.
  • Design at appeal provides guidance for local authorities and appellants to navigate the appeal process when design is an issue.
  • The setting of historic buildings and conservation areas, as set out in PPG15: Planning and the historic environment, should be respected and enhanced.

Further information

  • Appeal decision date:
    21 March 2007
  • Local authority:
    North Tyneside Metropolitan Borough Council
  • Region:
    North East
  • Type of application:
    Full planning
  • LPA planning reference:
    05/02818/FUL
  • Planning Inspectorate appeal reference:
    APP/W4515/A/06/2008795 (Adobe PDF)