- Decision
- dismissed, 16 September 2026
- Decided by
- Planning Inspector: K Lancaster
- Authority
- Durham (North East)
- Appeal reference
- 6004494
- Application reference
- DM/25/03386/FPA
- Procedure
- written representations
- Development
- Flexible C3/C4 (small student HMO) use under GPDO Class V, with single-storey rear extension
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4, DP3(2)(a), DP3(3)
- Development plan policies
- County Durham Plan 2020 Policies 6, 16, 29, 31
- Main issues
- mixed and balanced communities; living conditions
Summary
Flexible C3/C4 student HMO in a terraced house under an Article 4 Direction. Dismissed. The latest data put the 100 m concentration at 10.4%, just over the Local Plan's 10% "tipping point". The inspector found a failure of DP3(2)(a)'s "mixed and balanced communities" principle and gave it substantial weight, because DP3(3) says such proposals should be refused. That, with moderate harm to living conditions, substantially outweighed very modest benefits under S4 (DL ¶¶26–27).
What made the difference
The most recent twice-yearly council tax snapshot moved the site over the 10% threshold, and the inspector held that even a modest exceedance undermines a tipping-point policy (DL ¶17). DP3(3) then turned a local concentration policy into a national "should be refused" ground carrying substantial weight.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3(2)(a) | fail | substantial | fails "mixed and balanced communities"; DP3(3) says such proposals should be refused, so substantial weight (DL 26) |
| CDP 16(3) | conflict | significant | student-exempt + unimplemented HMOs within 100 m = 10.4% (April 2026 data) against 10% "tipping point" (DL 14-19) |
| S4 | fail | very modest benefits substantially outweighed; moderate harm to living conditions (DL 21, 24-27) |
Key facts
- Article 4 Direction removes C3 to C4 PD rights (DL 6)
- Updated council tax data moved concentration from 6.3% to 10.4% (DL 14)
- Non-determination appeal; parties invited to comment on 17 Aug 2026 Framework (DL 2-5)
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.