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Dismissed12 January 20233297991

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

Planning appeal 3297991 at Duffield House, Blind Lane, Breaston, Derbyshire, DE72 3BS (Erewash Borough Council) was dismissed on 12 January 2023 by Inspector Cooper P, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
DE72 3BU

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.

What the Inspector cited

Development plan policies
Saved Policy EV14Saved Policy EV5Policy 10Policy 11
National Planning Policy Framework
Paragraph 199Paragraph 11

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.