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Dismissed13 June 20253354227

122 The Avenue, Ground Floor Commercial Unit, Seaham, County Durham, SR7 8PE

Planning appeal 3354227 at 122 The Avenue, Ground Floor Commercial Unit, Seaham, County Durham, SR7 8PE (Durham County Council) was dismissed on 13 June 2025 by Inspector Francis M, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the health and lifestyle of young people.

change of use of ground floor commercial unit to hot food takeaway, with collection and delivery; new shopfront; new extraction canopy/duct/flue/cowl system existing to rear elevation; and formation of staff toilet and rear bin store in existing rear extension and outbuildings

Authority
Durham County Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Francis M
Postcode
SR7 8PE

Main issues, as the Inspector framed them

  • the effect of the proposal on the health and lifestyle of young people
  • the living conditions of neighbouring residents with regards to noise and odour

What decided it

The site's proximity to a primary school (190 metres) within the policy restriction zone means the proposal conflicts with Policy 30 of the County Durham Plan and paragraph 97 of the NPPF, which prohibit hot food takeaways within walking distance of schools, and this harm to young people's health cannot be mitigated by conditions.

What the Inspector cited

Development plan policies
Policy 30Policy 31Policy 9
National Planning Policy Framework
Paragraph 96Paragraph 97Paragraph 85

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.