Hamsterley Chippy Victoria Terrace Hamsterley Colliery Newcastle Upon Tyne NE17 7SH Data via plota.co.uk

DM/26/02134/CPO - Certificate of Lawfulness Proposed Opera Approved

Proposal

Certificate of Lawfulness Proposed Use for change of use from a hot food takeaway (Sui Generis) to a retail unit (Class E) Data via plota.co.uk

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View original council record ↗Last checked 8 Oct 2026, 03:20

Street View

Application progress

✓

Received

14 Aug 2026

✓

Consultation

21 Aug 2026

✓

Approved

5 Oct 2026

Approved on 5 Oct 2026 · Certificate of Lawfulness Proposed · Last checked 6 Oct 2026

Documents 2

Statements & assessments 1

PDF SUPPORTING STATEMENT Supporting Information · 14 Aug 2026 View ↗

Site constraints 7

Coal mining development high risk area

Recorded coal mining features at or near the surface. Most planning applications here need a coal mining risk assessment.

From the Mining Remediation Authority, formerly the Coal Authority. The development high risk area marks recorded coal mining features at or near the surface: mine shafts and adits, shallow workings, mine gas and former opencast sites. Most planning applications there need a coal mining risk assessment; householder applications, changes of use and some minor works are exempt. Mine entry positions come from old plans and can be out by several metres, and unrecorded workings can exist anywhere in the coalfield.

Coal mining risk assessments ↗

Habitat network: Network Enhancement Zone 2

Where habitat is joined up enough to work as a network. Context, not a constraint on its own.

1 listed building within 150 m

Nearest: Hamsterley Colliery War Memorial, Grade II, 36 m away

The site itself is not listed. Listed building consent is needed for work that affects the special interest of a listed building, inside or out, on top of planning permission. Setting can be a consideration for buildings nearby; there is no fixed radius.

Historic England ↗

Also on the record

Radon affected area, class 2; Inside the Low Westwood built-up area; Priority habitat 47 m away: Deciduous woodland; Natural England's Provisional ALC map (1:250,000, 1970s) had this area as grade 3, but it predates the buildings here and the current map does not class it as farmland.

Not affected

Outside flood zones 2 and 3 · Not green belt · No scheduled monument at the site

Checked on 6 October 2026. Historic England, the Environment Agency, Natural England, the Mining Remediation Authority, the British Geological Survey and UK Health Security Agency (radon, contains BGS materials © UKRI) and council datasets, Open Government Licence. A boundary can run through a site and the council holds the definitive record: confirm with the council before relying on this.

Building

Floor area456 m² (4,908 sq ft)

Energy ratingC (asset rating 63)

UseC1 Hotels

HeatingHeating and Natural Ventilation

From the energy performance certificate lodged in March 2013, the latest held for this property. The building may have changed since. View the certificate

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Important details

Council: Durham
Application type: Certificate of Lawfulness Proposed Opera
Postcode: NE17 7SH
Received: 14 Aug 2026
Validated: 14 Aug 2026
Ward: Derwent And Pont Valley
Parish: No Parish
Case officer: Show
Target decision: 9 Oct 2026
Decision: Approved
Decision date: 5 Oct 2026
Decision level: Certificate of Lawfulness Proposed
Applicant: Show
Agent: Malathy Group Limited

How this decision compares

Decided in 52 days from validation, 5 days faster than Durham's median of 57 for changes of use. Approved, as 86% of changes of use here are.

This one52d

Council57d

UK56d

50%decided within 8 weeks

86%approved

13%go to committee

Plota live figures for changes of use decided by Durham in the last twelve months, from validation. Durham decision record →

Public comments

No public comments yet.

8 neighbours consulted · Last counted 6 Oct 2026

Read the comments on the council site ↗

Consultation & key dates

Alt. reference: PP-15126303
Planning Portal ref: PP-15126303
Neighbours: 21 Aug 2026
Consultation: 21 Aug 2026
Comments by: 11 Sept 2026
Statutory expiry: 9 Oct 2026
Env. assessment: No

Historical activity at this location

1 nearby application on record - archival context, not part of the live application.

Within ~100m

Nearby activity

2022 Refused

3 Derwent Crescent Hamsterley Colliery Newcastle Upon Tyne NE17 7PD

Detached garage

DM/22/00262/FPA 22 Mar 2022

Durham

Planning Authority Score

5.2/10

Average

#137 of 296 councils

Relevant to this application:

Change of use

Durham ranks #190 out of 296 councils for householder decision speed. 48% of applications have the time limit extended, above the 41% national average. Householder applications are more likely to be approved here than most councils, with a 97% approval rate vs 90% nationally.

More permissive than most councils

97% approved vs 90% nationally

These figures are council-wide context, not a prediction for this application. View full council performance

Durham decision statistics

Based on MHCLG data, the year to March 2026

93%

Overall approval rate

Above avg (87%) #52 of 296

97%

Householder approved

Above avg (90%) #29 of 296

59%

Decided in 8 weeks

Below avg (63%) #190 of 296

48%

Extended time limit

Above avg (41%) #213 of 296

79%

Minor dwellings approved

95 decided (1-9 homes)

90%

Major dwellings approved

49 decided (10+ homes)

87%

Change of use approved

201 decided

1,706

Total decisions

113 refused in the year to March 2026

Energy performance: Energy performance certificates from the Energy Performance of Buildings Register, Ministry of Housing, Communities and Local Government. Contains public sector information licensed under the Open Government Licence v3.0. © Crown copyright 2026.