Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed12 January 20233297991

Duffield House, Blind Lane, Breaston, Derbyshire, DE72 3BS

erection of a new dwelling. Appeal B: Ref: APP/N1025/W/22/3297992 Land North of Duffield House, Stevens Lane, Breaston, Derbyshire DE72 3BU

Authority
Erewash Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Cooper P

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of future residents, by the presence of trees covered under a Tree Preservation Order (TPO), in terms of loss of natural light
  • The effect of the development on the Conservation Area

What decided it

The unacceptable effect on living conditions of future residents from overshadowing and loss of natural light from protected trees, combined with less than substantial harm to the Conservation Area, which outweighed the limited public benefits of one additional housing unit.

The limited public benefits of one additional housing unit and construction employment did not outweigh the less than substantial harm to the Conservation Area, which must be given great weight under the Framework, and the unacceptable harm to living conditions from overshadowing.

Framework references: 199, 11

Plan policies cited: Saved Policy EV14, Saved Policy EV5, Policy 10, Policy 11

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.