Case 3368055

4 Stringer Terrace , Langley Park, Durham, DH7 9UT

Durham County Council — appeal dismissed

Outcome
Dismissed
Decision date
11 September 2025
Authority
Durham County Council
Inspector
Lancaster K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Miss Lindsay Hall
LPA reference
DM/24/01291/FPA
ONS LPA code
E06000047
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 June 2025

Summary AI

The appeal for a self-contained annexe to create level access living for parents has been dismissed due to concerns about the development's impact on the character and appearance of the area, as well as its effect on nearby trees.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision Site visit made on 27 August 2025 by K Lancaster BA (hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 11 September 2025 Appeal Ref: APP/X1355/W/25/3368055 4 Stringer Terrace, Langley Park, Durham DH7 9UT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Miss Lindsay Hall against the decision of Durham County Council. • The application Ref is DM/24/01291/FPA. • The development proposed is described as a self-contained annexe to create level access living for parents, to comprise of open plan living room/kitchen, 1 bathroom and 1 bedroom. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development in the banner heading above is taken from the planning application form but I have excluded superfluous information that is not an act of development. 3. The plans submitted with the appeal include a number of alternative proposals for the appeal site. I understand that these were submitted during the course of the Council’s determination of the application.

Page 1 · Chunk 1 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision However, both parties have confirmed that the Council’s decision was based on the originally submitted plans, and I have therefore considered the appeal on this basis. Main Issues 4. The main issues are: • The effect of the proposed development on the character and appearance of the area; and • The effect of the proposed development on nearby trees. Reasons Character and Apperance 5. The appeal property is a two storey, end terraced dwelling which sits in a large plot with gardens to the front, side and rear. It sits at the end of a short row of four, modest-sized terraced properties, which are positioned at a right angle to Low Moor Road. The proposed annexe would be located on the boundary with the rear gardens of the properties on Davis Crescent and Langley Park Cemetery is located immediately to the north and west of the appeal site. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision Appeal Decision APP/X1355/W/25/3368055 6. The proposed annexe would measure approximately 12.9 metres by 4.5 metres with an overall height of 5.15 metres. It would provide an open plan living room and kitchen, a bedroom and a bathroom on the ground floor with mezzanine storage above. It would be finished in a grey render with a concrete tiled roof and grey uPVC windows. 7. It would be located in a visually prominent position, close to the north and eastern boundaries of the appeal site and forward of the principal elevation of the appeal property and adjoining terrace. Its siting would result in a high degree of visibility from public viewpoints, notably Low Moor Road and Langley Park Cemetery. This visual impact would be intensified by the open character of the appeal site, which lacks natural screening. Moreover, the absence of any proposed soft landscaping would further contribute to the development’s stark and intrusive presence within the surrounding area. 8. The scale and design of the annexe, including its steeply pitched roof, would result in a form of development that appears incongruous within the established street scene.

Page 2 · Chunk 3 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision Its siting would be at odds with the prevailing pattern of development and fail to respect the character and appearance of the appeal site, the adjacent terraced dwellings, and the wider area. Whilst the proposed materials would reflect those used on the host property, they are not representative of the broader area and do not sufficiently mitigate the visual harm caused by the proposal. 9. My attention has been drawn to an example of a detached annexe building within the village of Witton Gilbert. However, I have not been provided with full details of this proposal. The Council has confirmed that this example was approved under previous Local Plan polices. Therefore, whilst I accept the example relates to a detached annexe building, I have not been presented with any substantive evidence that it is directly comparable to the appeal proposal. Furthermore, it was approved under different local plan policies and therefore, I attribute this very limited weight. 10. For the above reasons, I therefore find that the proposed development would cause unacceptable harm to the character area.

Page 2 · Chunk 4 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision Thus, it would be contrary to Policy 29 of the County Durham Plan, adopted 2020 (the CDP) which requires amongst other things, that development proposals should contribute positively to an area's character. Trees 11. The appeal site borders the cemetery, which has a number of large trees along its boundary. Whilst these trees are not subject to Tree Preservation Orders, the proposed annexe would be sited within approximately one metre to this boundary and the trees. The Council’s Tree Officer considers that the proposed building would be likely to fall within the root protection area of these trees. However, no tree survey or other aboricultural information has been provided. The Council’s Tree Officer has also raised concerns about the height and proximity of the trees in relation to the living conditions of future occupiers. 12. Whilst I have considered whether or not these concerns could be addressed by requiring further details of the foundation design at the buildings regulations approval stage or by imposing suitably worded planning condition, I am not satisfied that this would be sufficient to determine the likely effects of the proposal on the nearby trees. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision Appeal Decision APP/X1355/W/25/3368055 13. Consequently, I therefore find that it has not been demonstrated that the proposed development would not cause harm to the existing trees directly to the north of the site within the cemetery grounds. Thus, it would be contrary to Policy 40 of the CDP which requires amongst other things, new development to retain existing trees where they can make a positive contribution to the locality or to the development, maintain adequate stand-off distances between them and new land- uses, including root protection areas where necessary, to avoid future conflicts, and integrate them fully into the design having regard to their future management requirements and growth potential. Other Matters 14. I have had regard to the concerns raised by a neighbouring occupier regarding the potential for loss of light to the garden area of their property. The Council concluded that whilst the scheme is likely to result in some loss of daylight in the late afternoon to a small part of the garden of the neighbouring property, this is not considered to be at an unreasonable level that would warrant refusal of the application in amenity terms.

Page 3 · Chunk 6 Appeal Decision

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — Appeal Decision Based on the evidence before me and my own observations, I see no reason to disagree with this conclusion. 15. I also acknowledge that concerns have been raised in respect of loss of view from neighbouring property. However, loss of view is not a material consideration in the determination of this appeal. Conclusion 16. For the reasons set out above, the proposed development would conflict with the development plan taken as a whole. There are no material considerations, including the Framework, of sufficient weight which indicate a decision should be made other than in accordance with it. Therefore, the appeal should be dismissed.

Page 3 · Chunk 7 K Lancaster

4 Stringer Terrace , Langley Park, Durham, DH7 9UT — Durham County Council — K Lancaster INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶7-10

The proposed annexe would result in a high degree of visibility from public viewpoints and would be at odds with the prevailing pattern of development and fail to respect the character and appearance of the appeal site, the adjacent terraced dwellings, and the wider area.

Trees and landscape
Against appellant
¶11-13

The proposed development would be likely to cause harm to the existing trees directly to the north of the site within the cemetery grounds, and it would not be in compliance with Policy 40 of the CDP.

Living conditions
Neutral
¶14

The proposed development would result in some loss of daylight in the late afternoon to a small part of the garden of the neighbouring property, but this is not considered to be at an unreasonable level.

Policies relied on

Reference Weight
Policy 29 of the County Durham Plan
Determinative
Policy 40 of the County Durham Plan
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 11 September 2025 under the Open Government Licence.