- 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.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3(2)(a) | fail | substantial | exceeding 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) | |
| S4 | fail | very modest benefits substantially outweighed (DL 22-25) |
Key facts
- Student-exempt properties plus unimplemented HMO permissions within 100 m rose from 9.2% (Dec 2025 data) to 11.9% (Apr 2026 data); latest data given significant weight (DL 13-14)
- Article 4 Direction removing C3 to C4 PD since 2016 (DL 6)
- Non-determination; inspector sought clarification of the Council's ambiguous position under Reg 8 (DL 3-5)
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.