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Dismissed25 February 20253355113

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

Planning appeal 3355113 at Friars Oak, Mill Farm Road, Hamsterley Mill, Rowlands Gill, County Durham, NE39 1NW (Durham County Council) was dismissed on 25 February 2025 by Inspector Harrison F, by written representations. The main issue, as the Inspector framed it: whether the requirements of BNG are relevant to the proposal and, if so, whether such requirements are met.

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
Postcode
NE39 1NW

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.

What the Inspector cited

Development plan policies
Policy 41Policy 6Policy 21Policy 10Policy 12Policy 39Policy 40
National Planning Policy Framework
Paragraph 187Paragraph 116

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.