8 Laburnum Avenue, DURHAM, DH1 4HA

Application for flexible use permission as a dwellinghouse (Use Class C3) and a House in Multiple Occupation (Use Class C4) under the provisions of Class V of Part 2 of Schedule 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015

Authority: Durham County Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Change of use
Inspector: Robbie K

Main issues, as the Inspector framed them

The effect of the development on the mix and balance of housing in the community

What decided it

The severe personal hardship experienced by the appellant due to the concentration of existing HMOs and the difficulty in selling the property for continued C3 use justified a departure from CDP Policy 16 despite the conflict with the development plan.

Framework references: 130

Plan policies cited: County Durham Plan Policy 16 Part 3

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