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Planning appeal decision

Dismissed26 April 20243335220

Ground and First Floor of 29-33 (Odd) Neville Street, Durham, DH1 4EY

Planning appeal 3335220 at Ground and First Floor of 29-33 (Odd) Neville Street, Durham, DH1 4EY (Durham County Council) was dismissed on 26 April 2024 by Inspector Clark L, by written representations. The main issue, as the Inspector framed it: whether the site would be a suitable location for a house in multiple occupation (HMO), having regard to development plan policy.

material change of use of a hot food takeaway and bar on the ground and first floors to a large House in Multiple Occupation (sui generis), including alterations to the west elevation and removal of two flues on the east elevation

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Clark L
Postcode
DH1 4AP

Main issues, as the Inspector framed them

  • whether the site would be a suitable location for a house in multiple occupation (HMO), having regard to development plan policy
  • whether, in the event of a policy conflict being identified in respect of the first main issue material considerations indicate that a decision should be made otherwise than in accordance with the development plan

What decided it

The site already has an over-concentration of student housing at approximately 70% Class N properties within 100 metres, significantly above the 10% threshold, and the proposed large HMO would exacerbate this imbalance contrary to Policy 16 and the aim of creating inclusive, mixed and balanced communities.

What the Inspector cited

Development plan policies
Policy 16 Part 3Policy 6Policy 29

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.

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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.