The Area Planning Committee (Central and East) met to consider planning applications for a retail development at Thinford Park and the removal of a planning condition at a boutique bed and breakfast.

Thinford Park Redevelopment

The committee were scheduled to discuss an application for the erection of six retail units at land in the west of the Thinford Park Redevelopment Site. The application from No Ordinary Estates Ltd, seeks permission for retail units, including one with an ancillary drive-through, along with associated infrastructure and landscaping.

The 4,233 sqm site is located near an existing Domino's Pizza and a constructed office and gym within Thinford Park, at the roundabout junction of the A688 and A167, just over 2km east of Spennymoor Town Centre. It is opposite the Durham Gate Mixed Use Scheme.

In 2021, planning permission was granted for ground floor retail (Use Class A1¹) and hot food takeaway (Use Class A5²) with first floor office space (Use Class B1a³). This permission was implemented, but the developer's requirements changed, leading to the current proposal to remove the first floor elements and include a drive-through restaurant instead of a takeaway.

The proposal includes six commercial units (Sui Generis⁴ takeaways and Use Class E Retail comparison goods), with one takeaway having a drive-through. The building's floor space would be 1,044 sqm, 98sqm larger than the previously permitted development's ground floor. Each unit would have its own storage/utility space and staff area. Car parking and a delivery area would be at the rear and front of the building, with a secure private service yard for each unit at the rear, including refuse storage.

The materials proposed are red brickwork, aluminium flashing and panels, and timber slats for the walls, with aluminium frames for shopfront windows and doors. The roof would be sloping and made of aluminium. Soft landscaping is proposed to the south of the units and parking areas, and to the west and north of the parking areas.

Senior Planning Officer Louisa Ollivere noted that the application was being reported to the committee due to the total floorspace being over 1000sqm.

Relevant planning history for the site includes:

• DM/15/01765/OUT: Demolition of a public house and outline permission for a pub/restaurant, gym, restaurant, and hotel, along with a drive-through coffee shop and retail bakery unit. Approved.
• DM/16/02208/FPA: Erection of a new Domino's Retail Unit. Approved.
• DM/18/02027/RM: Approval of reserved matters for the remainder of the site, including a drive-thru restaurant, gym, hotel, and pub. Approved.
• DM/20/00199/FPA: Erection of ground floor retail and hot food takeaway terrace with first floor office space. Approved.
• DM/23/02471/FPA: Change of use of a previously approved Hotel to Office and associated spaces. Approved.

The report pack also refers to various sections of the National Planning Policy Framework (NPPF), and the County Durham Plan (October 2020). Of particular note is Policy 9, which seeks to protect the vitality and viability of town centres, and requires developments not located in a defined centre to provide a sequential assessment⁵. Spatial Policy noted that the Durham Gate site offers a locationally better site to accommodate these uses in terms of its accessibility and closer proximity to the town centre.

The Highways Authority had no objection to the proposal.

Durham Constabulary advised that the public areas of the perimeter should be protected with defensive planting and knee rail fencing to prevent pedestrians creating desire lines⁶, that bollards should be avoided and replaced with lighting columns, and that consideration be given to relocating the cycle stands for better surveillance from the buildings.

Environmental Health (Air Quality) requested that a screening assessment be undertaken.

The applicant, in their statement, said that the principle of commercial development across the wider Thinford Park site has already been established and that the proposed development represents a net reduction in the amount of town centre uses proposed on the site, as the office space is essentially re-provided in the recently approved building.

Boutique Bed and Breakfast, Woodland Barn, Darlington Road, Durham, DH1 3ST

The committee were scheduled to discuss an application concerning Woodland Barn, a boutique bed and breakfast located on Darlington Road, Durham. Mrs Paula Sanderson has applied for the removal of condition 4 of planning approval DM/20/01532/FPA, which restricts the site to holiday let purposes only.

The condition states:

"The development hereby approved shall be occupied for holiday purposes only and shall not be occupied as a person's sole or main place of residence. The owners/operator shall maintain an up-to-date register of the names of all occupiers and of their main home addresses and telephone numbers and shall make this information available at all reasonable times to the Local Planning Authority.

Reason: To ensure that the development is occupied as holiday accommodation only, in order to comply with Policy V7 of the City of Durham Local Plan and Part 6 of the National Planning Policy Framework."

The application site is part of the Low Burnhall Farm complex on the outskirts of Durham City, accessed from the A167 along a single access track. The River Wear is located to the east of the site. The area is a Woodland Trust site with a public right of way running through it. The site is within the Burnhall Conservation Area, an Area of High Landscape Value (AHLV), and the Durham City Green Belt.

Relevant planning history includes:

• DM/15/00287/FPA: Holiday cottage and cafe. Refused, appeal dismissed.
• DM/16/02504/FPA: Extension. Approved.
• DM/20/01532/FPA: Change of use from Bed and Breakfast to dwelling for use as a holiday let. Approved.
• DM/21/01129/FPA: Change of use of land to allow siting of shepherds hut. Approved.
• DM/24/01470/CPO: Certificate of lawfulness for a proposed use to allow the use of the whole building as one dwelling as opposed to two. Approved.
• DM/24/03355/VOC: Removal of condition 4 of planning approval DM/20/01532/FPA to remove the holiday let restriction. Application Withdrawn.

Councillor Amanda Hopgood requested that the application be reported to the Central and East Planning Committee as she considers there are mitigating circumstances overriding policy 10 and there is a precedent for policies to be over ridden in certain circumstances which it is considered this application meets and would therefore, like elected members to debate the proposal.

The report pack refers to various sections of the National Planning Policy Framework (NPPF), the County Durham Plan (CDP), and the Durham City Neighbourhood Plan.

City of Durham Parish Council support the application, noting that the applicant has outlined the personal circumstances alongside the difficulties faced in trying to sell the dwelling and application site, which should be a material consideration.

Mary Foy MP provided comments in support of the application, urging planners to consider the use of this property against the new housing targets introduced by the Government.

Councillors Liz Brown and Elizabeth Scott also provided support, noting that the applicant has made exhaustive efforts to sell the property without success and wish to move closer to their daughter who lives down South but cannot move without selling this property and fear further deterioration in their health.

The applicant, in their statement, said that they have been contributing to the tourist industry in Durham for the past 6 years by running a holiday let, but that running the business has become too much for them. They also stated that they want to move close to their daughters before they are too old, and that prospective buyers have only been interested once the holiday let restriction is removed.