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Planning appeal decision

Dismissed26 June 20243339581

17 Hallgarth Street, DURHAM, DH1 3AT

‘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

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.

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

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.