The Planning and Development Committee are scheduled to meet to discuss planning applications, enforcement activity, planning appeals and planning obligations. The meeting will consider planning applications for Westhaven, Fellside Road, Whickham, and Dunston Leisure Centre, Dunston Bank. The committee will also review recent enforcement team activity and ongoing enforcement actions.

Planning Applications

The committee will be asked to consider a schedule of planning applications. The report pack divides the applications into two parts:

• Planning applications for consideration, including applications for express consent under advertisement regulations, proposals for the council's own developments, proposals for the development of land vested in the council and proposals upon which the council’s observations are sought.
• Applications determined in accordance with the powers delegated under Part 3, Schedule 2 of the council constitution, for information only.

Westhaven, Fellside Road, Whickham

The committee will consider a change of use application for Westhaven, Fellside Road, Whickham. Mr Rob Waker has applied for permission to extend the residential garden onto adjoining land, remove an existing hedgerow, and install new boundary treatments and landscaping. The planning officer, Adam Ali, has recommended that this application be refused.

The application site relates to a parcel of open space off Newmin Way, outside the rear garden of Westhaven. The report pack states that the parcel of land is owned by Westhaven, but forms part of the adopted highway verge. The proposal includes removing the existing hedgerow and introducing a 1.8m high fence, set back 1m from the edge of the footpath, along with a leylandii hedgerow planted on the inside of the new boundary line. The leylandii hedgerow is proposed to be maintained at 3m in height.

The report pack notes that there is relevant planning history for the site:

• Application reference 701/98 for change of use from estate open space to private garden, including erection of boundary fence (amended 5/8/98) was refused and dismissed at appeal.
• Application reference DC/03/00480/COU for change of use of open space at rear of dwellinghouse to private garden area including erection of boundary fence (amended 25 April 2003) was granted under delegated powers.
• Application reference DC/09/01346/COU for change of use of part of highway verge at rear of dwellinghouse to private garden including erection of new 1.5m high boundary fence and retention of 3m deep verge was refused by the Planning and Development Committee on 26 November 2009.
• Application reference DC/23/01069/HHA for demolition of existing conservatory to side of house and erection of new sun room to side of house was granted.

The council received 37 representations, with 13 objections, 23 in support and 1 neutral representation. Those objecting raised concerns including that the proposal would be out of character with the street scene and conservation area, overbearing, and would result in the loss of a valued local amenity. Supporters said that the proposal would enhance the area, stop cars parking on the land, and improve the outlook.

The report pack says that the main planning issues are the principle of the development, design and visual amenity, residential amenity, transport and highway safety, ecological impact and biodiversity net gain¹, contaminated land and trees. The report pack notes that the application site is an area of open space that is adopted highway verge, but is not identified by the Local Plan as recreational open space. Policy MSGP39 of the Local Plan states that development proposals that would result in the loss of open space will only be considered acceptable if the site can be demonstrated to be surplus to requirements, or if the loss would be replaced by equivalent or better provision. The report pack states that there is a sufficient supply of open space within Whickham South and Sunniside, but that the land offers visual amenity value, forming part of the character of the local area.

The report pack assesses the design and visual amenity of the proposal against policy MSGP24 of the Local Plan, which includes compatibility with local character, layout and access, space between buildings and relationship to the public realm, detailing and materials, and the use of a high-quality landscaping scheme. The report pack says that the local character of the residential estate includes pockets of green open space, and that the application site is located close to a pinch point whereby the bringing out of a fence close to the footpath would create a tunnelling and narrowing effect. It is considered that high level fencing would be imposing and would adversely impact the character and appearance of the site and surrounding area.

The report pack says that the area of public open space contributes positively to the character and appearance of the street scene, and that the enclosure of a section of the open space does not respond positively to local distinctiveness and causes unacceptable harm to the visual amenity of the surrounding area. The development is therefore considered contrary to the aims and objectives of the National Planning Policy Framework² and Policies CS15 and MSGP24 of the Local Plan for Gateshead. The report pack assesses the residential amenity of the proposal against policy MSGP17 of the Local Plan, which requires development to provide a high-quality environment and a good standard of amenity for existing and future occupants of land and buildings. The report pack says that the proposal would not result in unacceptable disturbance through increase in noise, disturbance, traffic and congestion, smells, fumes or other harmful effects or impact the enjoyment of light, outlook or privacy, but would have an unacceptable impact on the visual amenity and character of the area and fails to be of a high quality design.

The report pack notes that a significant number of objections referred to concerns regarding transport and highway safety, but that the Council's Transport Planning team have stated that the proposal raises no transport or highway safety concerns. The report pack says that the land in question is adopted public highway and could not be encompassed for private garden use without a formal highway extinguishment and Stopping Up Order³. The report pack says that the proposal is unlikely to have a direct significant adverse impact on any designated sites, Wildlife Corridor or irreplaceable/priority habitats, but that habitats/features within and immediately adjacent to the proposed development site have the potential to support statutorily protected and priority species, including bats, nesting birds and hedgehog. The report pack says that the existing Leylandii hedge was surveyed and Wood Pigeon were noted nesting within this hedgerow, and that the mature tree also has potential for nesting birds.

The submitted Biodiversity Net Gain (BNG) Assessment and Strategy concluded that the baseline biodiversity values for the site were 0.22 Habitat units and 0.02 Hedgerow units, and that the development will result in a deficit of 0.02 habitat units and 0.02 hedgerow units which will be purchased from an off-site habitat bank.

The report pack says that the site has been assessed and inspected as part of the Council's Contaminated Land Strategy and is not situated on potentially significant contaminated land based on previous historic use.

The report pack says that the mature tree within the adopted verge provides ecological, aesthetic, and shading benefits, and that enclosing this area within a private garden raises concerns about its long-term retention, particularly if future garden use or boundary treatments compromise the root zone or canopy space.

The report pack concludes that the proposal fails to accord with both national and local planning policies in terms of design and visual amenity, and would result in unacceptable harm to the character and appearance of the subject site and surrounding area.

Dunston Leisure Centre, Dunston Bank, Gateshead

The committee will also consider an application for the installation of eight air source heat pumps (ASHP) at Dunston Leisure Centre. Mr Jim Gillon has applied for permission for the installation, and planning officer David Morton has recommended that this application be granted. The report pack notes that the installation of these ASHPs has already taken place, meaning that the application is partially retrospective.

The application site is located to the rear of the main leisure centre building and comprises an area of hard standing and a grassed area. The site is bounded by mature trees and areas of woodland to the south and east, with the leisure centre and associated car park to the north. The nearest residential properties are located on Park Avenue and Dunston Bank. The site lies within a designated Wildlife Corridor as identified in the Local Plan.

The report pack says that the air source heat pumps are intended to provide low-carbon heating and hot water to the leisure centre, reducing reliance on fossil fuels and supporting the council's climate change commitments. The scheme forms part of the wider programme of energy efficiency improvements across Gateshead Council's public buildings.

The application is supported by a Design and Access Statement, Preliminary Ecological Appraisal, Biodiversity Net Gain Assessment, Noise Impact Assessment, and an Arboricultural Assessment.

The report pack notes the relevant planning history:

• DC/24/01084/FUL; Temporary planning permission granted for 'Installation of a 300 panel solar photovoltaic (PV) array adjacent to the leisure centre building and car park. (Amended 11.03.2025)' Date; 23 April 2025.

The Coal Authority and Tyne and Wear Archaeology have raised no objections.

Five objections were received, including one from Councillor Peter Maughan. The issues raised included concerns about noise from the operation of the air source heat pumps, and whether the proposed acoustic barrier will be effective.

The report pack says that the main planning issues are the principle of development and the impact on residential amenity, visual amenity, land conditions, trees, ecology, transport, and Community Infrastructure Levy⁴ (CIL). The report pack says that the proposed installation of air source heat pumps will provide a low-carbon alternative to traditional gas heating at Dunston Leisure Centre, and aligns with Gateshead Council's declared Climate Emergency and commitment to reducing reliance on fossil fuels. It is therefore considered that the principle of development is supported by the NPPF and Policy CS16 of the Local Plan.

The report pack notes that part of the application site forms part an area of grassed open space associated with Dunston Leisure Centre, but that the Dunston and Whickham East ward is not deficient in open space provision against the standards in MSGP39. Furthermore, the specific part of the site affected by the development has limited recreational function, is not served by formal routes or facilities and is impacted minimally by the proposed development.

The report pack says that the main amenity consideration is noise arising from the operation of the air source heat pumps, and that the application is supported by a Noise Impact Assessment which concludes that, subject to mitigation, the rating level of noise from the plant will not exceed representative background levels. The Council's Environmental Health Team has reviewed the submission and raises no objection subject to a planning condition requiring a 2.5 metre high solid noise barrier enclosing the plant on all four sides.

The report pack says that the application site is not widely visible from public vantage points, being contained within the wider leisure centre site and screened by mature trees to the south and east, and that the use of solid, non-reflective materials for the acoustic barrier will help to soften the appearance of the structure.

The Council's Contaminated Land Officer has confirmed that the site is not known to be affected by significant contamination, and that the potential for contamination to pose a risk to site users is considered very low.

The proposed development is located close to mature trees on the southern and eastern boundaries of the leisure centre site, including a veteran beech tree of the highest amenity value. Following submission of additional arboricultural information and amended details, the Arboricultural Officer has confirmed that the proposal can be made acceptable subject to a planning condition requiring the implementation of the submitted Tree Protection Plan and Arboricultural Method Statement.

The Council's Ecology Officer confirmed that the updated assessment recorded a baseline biodiversity value of 0.93 habitat units, with the proposed development resulting in a post-intervention value of 1.02 units, representing an on-site gain of 0.09 habitat units, equating to a 10.16% biodiversity net gain.

The Council's Transport Officer noted that the application should confirm how maintenance access to the plant would be achieved, and the applicant has confirmed that access will be taken from the existing leisure centre car park, and that no new vehicular or pedestrian accesses are required.

The report pack says that the proposed development has been assessed against the Council's CIL charging schedule, and does not constitute chargeable development.

The report pack concludes that the proposal supports the transition to low-carbon energy, consistent with national and local planning policy on climate change and sustainability, and that the updated arboricultural and ecological information demonstrates that the proposal can be implemented without harm to high-value trees and with delivery of a measurable 10% biodiversity net gain.

Enforcement Team Activity

The committee will receive a report advising them of the enforcement activity between 20 August 2025 and 16 September 2025. During this period, the enforcement team received 178 new service requests and currently has 607 cases under investigation.

The report pack states that there has been one court hearing in this period:

• Lee Lamb failed to attend South Tyneside Magistrates Court on 09 September 2025 for failing to attend Gateshead Civic Centre to provide information relevant to a fly tipping investigation. The matter was proven in his absence, and he was fined £180, ordered to pay a victim surcharge of £72 and to pay costs of £299.15.

Enforcement Action

The committee will be informed of the progress of enforcement action previously authorised by the committee. The report pack includes a table summarising the current status of ongoing enforcement cases.

For example, in relation to Blaydon Quarry, Lead Road, the report pack states that consultants are chasing outstanding information required to be able to submit discharge of condition applications in relation to ecology, drainage and landscaping.

In relation to Kwik Save, High Street, Felling, the report pack states that the premises remain unoccupied, the perimeter of site has been secured, and the Community Safety Team are acting as single point of contact for any complaints relating to the premises.

In relation to Jack and Jo's Nursery Garden, Middle Hedgefield Farm, Blaydon on Tyne, the report pack states that the case against Ian Stanton will be joined with Moira and Joanne, and a further Case Management Hearing will take place on 5 November 2025 at Newcastle Crown Court.

Planning Enforcement Appeals

The committee will receive a report advising them of new appeals against enforcement action received and to report the decisions of the Planning Inspectorate received during the reporting period. The report pack states that there have been no appeals received or appeal decisions made since the last committee.

The report pack includes a table summarising outstanding appeals. For example, in relation to 3 Shield Avenue Swalwell, the appeal will proceed on grounds (a) and (f) as set out at Section 174(2) of the 1990 Act⁵.

Planning Appeals

The committee will receive a report advising them of new appeals received and to report the decision of the Secretary of State received during the reporting period. The report pack states that there has been one new appeal lodged since the last committee:

• DC/25/00249/FUL The Cottage Mansion Heights Whickham NE11 9DL Conversion of garages to residential annex, including single storey extension (Amended plans received on 08.07.2025) Refused on 17.07.2025

The report pack also notes that there have been four new appeal decisions received since the last Committee:

• DC/24/00200/FUL Land Off Eastern Avenue Gateshead - Appeal Dismissed on 30.7.25
• DC/24/00798/FUL Land To The South East Of Weir View Cottage Lintzford Road Rowlands Gill NE39 1NB - Appeal Dismissed on 31.7.25
• DC/24/00693/FUL Saleems Leam Lane Takeaway 13 - 15 Glynfellis Felling NE10 8RH - Appeal Allowed on 31.7.25
• DC/24/00576/FUL Maingate Car Park Kingsway North Gateshead - Appeal Allowed on 31.7.25

The report pack includes a table summarising outstanding appeals.

Planning Obligations

The committee will receive a report advising them of the completion of Planning Obligations which have previously been authorised. The report pack states that since the last committee there have been no new planning obligations.

The report pack includes a table summarising planning obligations with outstanding covenants, segregated into agreements that are signed but awaiting the trigger for works or payment, agreements which have triggered the need for works or for an invoice to be sent, and agreements where payment has been received and the works and spend are being monitored.

For example, in relation to Land To The West Of Sainsburys Supermarket Eleventh Avenue Gateshead Team Valley, the obligation is to pay the off-site Biodiversity Contribution on or before the commencement of development, £102,858.00 plus indexation, and the expiry date is 13 December 2027.