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Dismissed11 July 20243337840

Mixology, 93 Elvet Bridge, Durham City, DH1 3AG

Planning appeal 3337840 at Mixology, 93 Elvet Bridge, Durham City, DH1 3AG (Durham County Council) was dismissed on 11 July 2024 by Inspector Symmons J, by written representations. The main issue, as the Inspector framed it: The effect of the proposed variation to condition No 3 on the living conditions of nearby residents, with respect to noise and disturbance.

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
Postcode
DH1 3AG

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.

What the Inspector cited

Development plan policies
Policy 6Policy 7Policy 9Policy 29Policy 31Policy 44Policy E4
National Planning Policy Framework
Paragraph 56Paragraph 8Paragraph 38Paragraph 123Paragraph 124Paragraph 128Paragraph 135Paragraph 180Paragraph 191

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.