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Planning appeal decision

Dismissed16 December 20223303619

103 Ashbourne Road, Derby, DE22 3FW

Planning appeal 3303619 at 103 Ashbourne Road, Derby, DE22 3FW (Derby City Council) was dismissed on 16 December 2022 by Inspector Clark J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the provision of employment land in the area.

– “to repurpose the existing 3 storey building into a more contextually befitting use to that of its surrounding area, by providing sought after private accommodation. The proposal is for a change of use of the associated existing building from office space (class B1a) & light industrial (class B1c) to private student studio flats (class group Sui generis')

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Clark J
Postcode
DE22 3FW

Main issues, as the Inspector framed them

  • the effect of the proposal on the provision of employment land in the area
  • whether the proposal would provide acceptable living conditions for the occupiers of the proposed development by reason of outlook, privacy and outdoor amenity space

What decided it

The proposal would not provide acceptable living conditions for future occupiers due to poor outlook, inadequate privacy, and insufficient outdoor amenity space, which constitutes significant harm that outweighs the moderate benefits of housing supply and economic contribution.

the moderate benefits of housing land supply and economic contribution were outweighed by the significant harm to living conditions (poor outlook, privacy and outdoor amenity space), and the presumption in favour of sustainable development did not apply

What the Inspector cited

Development plan policies
Policy CP10Policy H13Policy GD5
National Planning Policy Framework
Paragraph 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.