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Split Decision1 December 20223295492

46 Quarn Drive, Allestree, Derby, DE22 2NQ

Planning appeal 3295492 at 46 Quarn Drive, Allestree, Derby, DE22 2NQ (Derby City Council) was allowed in part (a split decision) on 1 December 2022 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: The effect that the removal or variation of the conditions in dispute would have on the living conditions of neighbouring occupants, with particular regard to noise and disturbance.

the change of use of part of dwelling house from domestic garage (Use Class C3) to hairdressing salon (Use Class E) without complying with conditions attached to planning permission Ref 21/00154/FUL, dated 23 July 2021

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Jones D
Postcode
DE22 2NQ

Main issues, as the Inspector framed them

  • The effect that the removal or variation of the conditions in dispute would have on the living conditions of neighbouring occupants, with particular regard to noise and disturbance

What decided it

The hairdressing salon's two-year operational history without substantiated complaints, combined with its small size and single-operator restriction, demonstrated it could operate permanently without unacceptable harm to neighbours, but extending evening hours would materially increase noise and disturbance impacts.

What the Inspector cited

Development plan policies
Policy GD5 of the City of Derby Local Plan Review (adopted January 2006)

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.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.