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Planning appeal decision

Dismissed25 February 20253355113

Friars Oak, Mill Farm Road, Hamsterley Mill, Rowlands Gill, County Durham, NE39 1NW

the erection of a residential dwelling

Authority
Durham County Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Harrison F

Main issues, as the Inspector framed them

  • whether the requirements of BNG are relevant to the proposal and, if so, whether such requirements are met
  • whether or not the proposal would be in an appropriate location, having regard to the Council's spatial strategy
  • the effect of the proposal on highway safety
  • the effect of the proposal on the character and quality of the landscape, including ancient and semi-natural woodland (ASNW) and trees

What decided it

The failure to secure self-build status through effective legal undertakings meant the proposal could not be treated as exempt from the mandatory 10% biodiversity net gain requirement, and the scheme did not demonstrate compliance with this statutory obligation.

Framework references: 187, 116

Plan policies cited: Policy 41, Policy 6, Policy 21, Policy 10, Policy 12, Policy 39, Policy 40

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.