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Planning appeal decision

Dismissed28 July 20266004347

12 The Hallgarth, Durham, DH1 3BJ

Planning appeal 6004347 at 12 The Hallgarth, Durham, DH1 3BJ (Durham County Council) was dismissed on 28 July 2026 by Inspector M J Francis, by written representations. The main issue, as the Inspector framed it: whether the disputed conditions are necessary, having regard to whether it would provide acceptable living conditions for future occupiers in relation to internal space.

change of use from C3 dwelling to C4 small HMO without complying with conditions attached to planning permission Ref DM/23/02118/FPA, dated 25 June 2024

Authority
Durham County Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Inspector
M J Francis
Postcode
DH1 3BJ

Main issues, as the Inspector framed them

  • whether the disputed conditions are necessary, having regard to whether it would provide acceptable living conditions for future occupiers in relation to internal space
  • the suitability of the proposal in this location, given policies to create mixed and balanced communities

What decided it

The overall internal floorspace of the property at 85m² is significantly below the National Design Space Standards guidance for a five-bedroom dwelling, meaning the disputed conditions are necessary to ensure acceptable living conditions for future occupiers.

What the Inspector cited

Development plan policies
Policy 29 ePolicy 31Policy 16

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 authority’s record since 2016 · every decision in 2026

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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.