# 55 Bradford Crescent, Gilesgate, Durham

- **Decision:** allowed, 10 September 2026
- **Decided by:** Planning Inspector: K Lancaster
- **Authority:** County Durham (North East)
- **Appeal reference:** 6006352
- **Application reference:** DM/26/00072/FPA
- **Procedure:** written-representations
- **Development:** Flexible C3/C4 (small HMO) use of an end-terrace house under an Article 4 area, with single-storey rear extension, cycle and bin storage (non-determination)
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** TR6
- **Development plan policies:** County Durham Plan 2020 Policies 6, 16, 21, 29, 31, Parking and Accessibility SPD
- **Main issues:** parking and highway safety, neighbour living conditions, fire safety
- **Tags:** tier-2, hmo, parties-consulted-on-2026-framework, tr6-highway-test, parking-stress-unevidenced, non-determination

## Summary
Flexible C3/C4 small-HMO use of a Durham terrace house, in an Article 4 area, with a rear extension. Allowed on non-determination. The inspector used TR6 directly: the lack of any off-street parking, against the SPD standard, was not an "unacceptable impact on highway safety" given on-street capacity and no highway authority objection (DL ¶14). Student concentration was below the 10% plan threshold.

## What made the difference
TR6's high bar for transport refusals, combined with the highway authority's non-objection, trumped a numerical parking-standard shortfall.

## Policy findings
- **TR6: pass.** refuse on transport grounds only for unacceptable highway safety impact or severe network impact; no off-street parking against SPD standard, but ample on-street parking and no highway authority objection (DL 11-15)
- **P3: pass.** extension no deeper than the existing outbuilding; bedrooms exceed NDSS; student Class N exemptions at 9.3% within 100m, below the 10% threshold (DL 16-35); code mapped by harvester

## Key facts
- Zero off-street parking against SPD standard; highway authority no objection (DL 11-13)
- 9.3% of properties within 100m student-exempt, under the 10% Policy 16(3) cap (DL 29)
- Parties consulted on the 2026 Framework (DL 2)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6006352
- https://appeal-planning-decision.service.gov.uk/published-document/0675ee49-65c3-476f-9192-5f07eb3c4636

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