The Inspector's decision (link below), upheld the Council’s refusal of permission on five bases finding that:

• The site would not provide suitable accessibility for the future occupiers by sustainable modes of transport, particularly pedestrians and cyclists.
• The proposal would not result in a locally distinctive form of development and would fail to respond appropriately to the distinctive typography and visual sensitivity of the Tyne Gorge.
• The proposal would not provide acceptable living conditions for future occupiers because a significant proportion of the proposal would be exposed to elevated noise levels arising from the adjacent gas infrastructure, and mitigation relying on building design and ventilation would be compromised by the ability of occupants to open windows.
• There was insufficient certainty that an appropriate and effective drainage strategy could be delivered.
• The proposal would result in the loss of priority habitat for which it had not been demonstrated that adequate mitigation or compensatory measures could be secured.

The Inspector concluded that the most important policies for determining the appeal were not out of date and therefore the ‘tilted balance’ did not need to be applied. But even if the ‘tilted balance’ were engaged, the adverse effects of granting permission would significantly and demonstrably outweigh the benefits. Although some of the issues may be resolved in the future if the remainder of the Forth Yards area is developed, the Inspector found that there is no clear timescale for when, or if, this will occur and the development was unacceptable in the meantime.

In a separate costs decision (link also below), the Inspector also made a partial award of costs in the Council's favour, finding that the appellant had acted unreasonably in submitting a wholly different drainage strategy and revised landscape and visual evidence at appeal stage, causing wasted expense in the preparation of the Council's evidence.

A significant result for Newcastle City Council and for the protection of the Tyne Gorge.

Appeal decision
Costs decision
Press coverage