®Planning appeal decision
Land at Fisher Lane, Fisher Lane, Duffield, Derbyshire, DE56 4ET
Planning appeal 3279110 at Land at Fisher Lane, Fisher Lane, Duffield, Derbyshire, DE56 4ET (Amber Valley Borough Council) was dismissed on 11 January 2022 by Inspector Ellison H, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the living conditions of neighbouring occupiers, with particular regard to privacy, outlook and light.
a new residential dwelling on vacant previously developed (brownfield) land
- Authority
- Amber Valley Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Ellison H
- Postcode
- DE56 4ET
Main issues, as the Inspector framed them
- the effect of the proposal on the living conditions of neighbouring occupiers, with particular regard to privacy, outlook and light
- whether satisfactory living conditions would be provided for future occupiers of the proposed development, with particular regard to garden provision
What decided it
The proposal would cause invasive loss of privacy, overbearing impact, significant loss of light and outlook to neighbouring occupiers, and would not provide satisfactory living conditions for future occupiers due to inadequate garden provision.
Even accepting that Policy H3 is out of date and the Council can demonstrate a 5.15 year housing supply, the limited benefits of investment, employment and occupation from this small-scale development would not outweigh the harm to neighbouring living conditions and future occupier amenity.
What the Inspector cited
- Development plan policies
- Policy H12Policy H3
- National Planning Policy Framework
- Paragraph 130
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.