®Planning appeal decision
Mixology, 93 Elvet Bridge, DURHAM CITY, DH1 3AG
the ‘Change of Use from Retail (E class) to Drinking Establishment (Sui Generis)’ without complying with a condition attached to planning permission Ref DM/21/01282/FPA, dated 22 July 2021
- Authority
- Durham County Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Change of use
- Inspector
- Symmons J
Main issues, as the Inspector framed them
- The effect of the proposed variation to condition No 3 on the living conditions of nearby residents, with respect to noise and disturbance
What decided it
The proposed extension of opening hours into the early morning hours would significantly and adversely affect the living conditions of nearby residents through noise and disturbance, conflicting with Policy 31 of the County Durham Plan and Part 15 of the NPPF, with insufficient evidence to demonstrate mitigation of this harm.
Framework references: 56, 8, 38, 123, 124, 128, 135, 180, 191
Plan policies cited: Policy 6, Policy 7, Policy 9, Policy 29, Policy 31, Policy 44, Policy E4
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.