Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed5 December 20233327823

44 Canterbury Road, Newton Hall, Durham, County Durham, DH1 5PY

Planning appeal 3327823 at 44 Canterbury Road, Newton Hall, Durham, County Durham, DH1 5PY (Durham County Council) was dismissed on 5 December 2023 by Inspector Lancaster K, by written representations. The main issue, as the Inspector framed it: Whether the appeal site is an appropriate location for the proposed development having regard to the local development strategy.

the change of use from retail shop to hot food takeaway

Authority
Durham County Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Lancaster K
Postcode
DH1 5PY

Main issues, as the Inspector framed them

  • Whether the appeal site is an appropriate location for the proposed development having regard to the local development strategy

What decided it

The appeal site's location within 250 metres of Finchdale Primary School entrance places it in direct conflict with Policy 30 of the County Durham Plan, which prohibits hot food takeaways at such proximity outside defined centres, and this policy conflict cannot be overcome by proposed mitigation measures or economic benefits.

What the Inspector cited

Development plan policies
Policy 9Policy 30
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 81

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

11 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Durham County Council

The authority’s record since 2016 · every decision in 2023

  1. Dismissed22 October 20266007418
    Land to the West of St Michael's Rise, Hawthorn, SR7 8BY
  2. Allowed25 September 20266003865
    The Boathouse Inn, Elvet Bridge, Durham, DH1 3AF
  3. Dismissed16 September 20266005969
    3 Roosevelt Road, Durham, DH1 1PS
  4. Dismissed16 September 20266004850
    119 Bradford Crescent, Durham, DH1 1HW
  5. Dismissed16 September 20266004494
    49 Annand Road, Durham, DH1 1PW

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.