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Planning appeal decision

Dismissed27 March 20233297952

1 Ash Close, Allestree, Derby, DE22 2JF

Planning appeal 3297952 at 1 Ash Close, Allestree, Derby, DE22 2JF (Derby City Council) was dismissed on 27 March 2023 by Inspector Wilson D, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon character and appearance of the area.

the erection of a detached dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wilson D
Postcode
DE22 2JF

Main issues, as the Inspector framed them

  • the effect of the proposed development upon character and appearance of the area
  • whether the proposed development would provide sufficient living conditions for future occupiers, with particular regard to the provision of amenity space
  • the effect of the proposed development upon the living conditions of the occupiers of 1 Ash Close with particular regard to the provision of amenity space, outlook and overshadowing

What decided it

The cumulative harm to character and appearance, inadequate amenity space for future occupiers, and unacceptable impact on the outlook and overshadowing of the neighbouring property significantly and demonstrably outweigh the modest benefit of one additional housing unit, even under the tilted balance.

The significant weight given to the conflict with development plan policies on character, appearance and living conditions outweighed the modest weight of housing supply benefit, such that the presumption in favour of sustainable development did not apply and the adverse impacts significantly and demonstrably outweighed the benefits.

What the Inspector cited

Development plan policies
Policy CP3Policy CP4Policy CP6Policy H13Policy GD5
National Planning Policy Framework
Paragraph 130Paragraph 219Paragraph 74Paragraph 11Paragraph 60

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.