An exasperated developer was told councillors’ hands were tied over his plan to build homes on derelict land.
Geoff Robson said his plan would tidy up a run-down “dumping ground”, and it received no objections from residents.
Yet Durham County Council officers claimed there was no option but to refuse it because of its supposed impact on protected coastline.
Mr Robson asked for planning permission to build five detached four-bedroom homes on land near Coronation Avenue, Blackhall Colliery.
He said: “If there was going to be any wrongdoing to anybody in the area I wouldn’t have asked.
“All it can do is benefit the whole entire area and I’m willing to do that.”
The site was said to lie within 400m of protected, conservation and scientific interest areas.
Natural England objected, saying the homes could significantly affect those areas and there was not enough information in the plans.
Council ecologists also objected, saying species and habitats could be disturbed.
The Durham County Council planning committee heard people would be blocked from the protected areas by a railway line.
Mr Robson said: “The site is totally fenced off from anywhere.
“There’s a railway line there so it’s physically impossible to get to the coast.”
However planning officer Paul Hopper said “we can do nothing but recommend refusal” because of the harmful impact under habitat regulations.
Councillor Rob Crute, supporting the plan, said: “This appears to be based on a technicality rather than a reason for genuine concern.
“I want to emphasise that there have been no objections from residents, not a single one.
“On two separate occasions in the past, planning consent’s been granted to build houses on this very same location.
“The site’s in a built-up area on unused land which now stands barren.
“It’s the subject of several incidents of anti-social behaviour and frequent incidents of flytipping.
“Much to the annoyance of neighbours nearby who would surely benefit from development of this site replacing the existing unattractive derelict landscape currently blighting the neighbourhood.”
He urged councillors to approve the plan to “bring an untidy derelict patch of land back into meaningful use”.
Council solicitor Neil Carter said it would be unlawful to approve the plan: “It’s pretty much impossible to grant planning permission.
“I’m afraid it’s one of those situations where your hands are quite tied.”
Cllr Chris Hood said: “We’re trying to make a bit of a difference and being told we can’t do anything.
“I was elected to look after residents and I’m sort of being told I can’t. What are we doing?”
Cllr Charlie Kay said: “We’ve got an application here that’s not been objected to one iota by the people of Blackhall, that tidies up a derelict site, that has nothing but good for the local community.
“He is going to tidy up something that is an eyesore.
“What are the consequences of accepting this application today? Trial by fire?”
Cllr Carl Marshall said: “Common sense says one thing but actually the laws and the planning policy that we’ve got to comply with says another.”
It was suggested Mr Robson reconsidered his plans and came back with measures to resolve the difficulties.
The developer responded: “I feel quite aggrieved and it’s getting costlier and costlier.
“At the end of the day the site’s going to be basically left as a dumping ground.
“If you can’t approve it today, you’re telling them legally they cannot vote for it, what are we actually even doing here? What’s the point?
“It’s absolutely stupid, isn’t it?”
Councillors unanimously decided to defer the application until a later date.
