3 Roosevelt Road, Gilesgate, Durham

appeal 6005969·County Durham·16 September 2026dismissed
Decision
dismissed, 16 September 2026
Decided by
Planning Inspector: K Lancaster
Authority
County Durham (North East)
Appeal reference
6005969
Application reference
DM/25/01397/FPA
Procedure
written representations
Development
Change of use from C3 dwellinghouse to 5-bed C4 student HMO 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 Policies 6, 16(3), 29, 31
Main issues
mixed and balanced communities; living conditions

Summary

Conversion of a Durham terraced house to a 5-bed student HMO, appealed for non-determination and dismissed. Updated council tax data put student concentration within 100 m at 11.9%, above the plan's 10% "tipping point". This failed mixed and balanced communities and caused moderate noise and disturbance harm. Parties were consulted on the 2026 Framework (DL ¶2).

What made the difference

The inspector turned a local HMO-concentration threshold into a Framework design refusal. Failing to maintain a mixed community is "contrary to ... Policy DP3(2)(a)", and "Policy DP3(3) ... states that development proposals should be refused if they conflict with these principles. Therefore, I attach substantial weight to this harm" (DL ¶24). Weighed against "very modest" benefits, this failed S4 (DL ¶¶23–25). Earlier data showing 9.2%, below the threshold, would have produced a different result, so the most recent data decided the case.

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
DP3(2)(a)failsubstantialexceeding the plan's 10% student-exempt threshold within 100 m fails mixed and balanced communities; DP3(3) refusal trigger invoked (DL 17, 24)
DP3(3)fail"development proposals should be refused if they conflict with these principles" (DL 24)
S4failvery modest benefits substantially outweighed (DL 22-25)

Key facts

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.