139 Chaddesden Park Road, Derby, DE21 6HL

Planning appeal 3286662 at 139 Chaddesden Park Road, Derby, DE21 6HL (Derby City Council) was dismissed on 13 June 2022 by Inspector Williamson J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the shopping hierarchy.

Change of use from A1(Class E) to Sui Generis use as a hot food takeaway shop. A new kitchen, food prepare room and serving counter will be installed. There are no proposed external changes to the shop beside a small obscure window on the hidden left side elevation and the new extractor fan which will run up over the roof at the rear side of the property, as shown on the plans. The extractor will be at least 1 m above the window level. There are existing fences in the front elevation, this will be removed

Authority: Derby City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Change of use
Inspector: Williamson J
Postcode: DE21 6HL

Main issues, as the Inspector framed them

the effect of the proposal on the shopping hierarchy
the character and appearance of the area
the living conditions of occupiers of existing neighbouring properties

What decided it

The significant harms to character and appearance caused by the visible extractor flue and to living conditions of neighbouring residents from extended evening and weekend opening hours outweighed any other considerations.

What the Inspector cited

Development plan policies: Policy CP13 of the Derby City Local Plan – Part 1: Core Strategy, 2017Saved Policy GD5 of the City of Derby Local Plan Review, 2006
National Planning Policy Framework: Paragraph 126Paragraph 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 applied

The 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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

18 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Derby City Council

The authority’s record since 2016 · every decision in 2022

Allowed13 October 20266013914
11 Radbourne Lane, Derby, DE22 4LU
Allowed12 October 20266013630
19 Redshaw St, Derby, DE1 3SH
Allowed30 June 20266005125
Units 14, 15, 20, 16 and 19 Masons Place Business Park, Nottingham Road, Derby, DE21 6YZ
Dismissed18 June 20266004086
Abbey Lodge, 59A Abbey Street, Derby, DE22 3SJ
Dismissed9 June 20266006014
120 Osmaston Road, Derby, DE1 2RF

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.