17 Hallgarth Street, Durham, DH1 3AT

Planning appeal 3339581 at 17 Hallgarth Street, Durham, DH1 3AT (Durham County Council) was dismissed on 26 June 2024 by Inspector Storey P, by written representations. The main issue, as the Inspector framed it: The effect of the proposed variation to condition No 4 on the living conditions of nearby occupiers, in respect of noise and disturbance.

‘Retention of Existing Shopfront and Two-Storey Rear Extension’ without complying with a condition attached to planning permission Ref DM/16/03376/FPA, dated 11 January 2018

Authority: Durham County Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Other minor developments
Inspector: Storey P
Postcode: DH1 3AT

Main issues, as the Inspector framed them

The effect of the proposed variation to condition No 4 on the living conditions of nearby occupiers, in respect of noise and disturbance

What decided it

The extension of opening hours by 6 hours on Sundays at a time when nearby residents have reasonably come to expect a period of peace and quiet would have a significant adverse effect on their living conditions through increased noise and disturbance, which cannot be adequately mitigated.

What the Inspector cited

Development plan policies: Policy S10 of the City of Durham Local Plan 2004Policy E4 of the Durham City Neighbourhood Plan 2020 to 2035Policy 29 of the County Durham Plan – Adopted 2020Policy 31 of the County Durham Plan – Adopted 2020Policy 9 of the County Durham Plan – Adopted 2020Policy S1 of the Durham City Neighbourhood Plan 2020 to 2035

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.