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Dismissed31 January 20243327209

Magdalene Heights, Gilesgate, Durham, DH1 1SY

Planning appeal 3327209 at Magdalene Heights, Gilesgate, Durham, DH1 1SY (Durham County Council) was dismissed on 31 January 2024 by Inspector Clark L, by written representations. The main issue, as the Inspector framed it: Whether or not the proposal would be contrary to local policy on student accommodation regarding Houses in Multiple Occupation (HMO).

change use of dwellinghouse (C3) into a small house in multiple occupation (C4) with minor external alterations

Authority
Durham County Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Clark L
Postcode
DH1 1SY

Main issues, as the Inspector framed them

  • Whether or not the proposal would be contrary to local policy on student accommodation regarding Houses in Multiple Occupation (HMO)
  • The effect of the proposal on the living conditions of nearby residents, with regards to noise and disturbance

What decided it

The proposal would result in the loss of a further Class C3 dwelling in an area where 61.8% of properties are already exempt from council tax charges, worsening the residential mix and community balance contrary to Policy 16 of the County Durham Plan.

What the Inspector cited

Development plan policies
Policy 16 Part 3Policy 31

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.