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Planning appeal decision

Dismissed26 May 20233306301

Land to the rear of 163 Mountsorrel Lane, Rothley, Leicestershire, LE7 7PU

residential development of up to 5 no. dwellings, with private access drive (following demolition and removal of all existing buildings

Authority
Charnwood Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dean S

Main issues, as the Inspector framed them

  • whether the site is a suitable location for the development proposed
  • whether safe and suitable access could be provided
  • whether the proposal would result in biodiversity net gain
  • whether the proposal would compromise trees worthy of retention
  • whether the proposal would harm the living conditions of the occupiers of 163 Mountsorrel Lane with specific regard to noise and disturbance
  • whether the proposal would harm the steady and adequate supply of minerals

What decided it

The significant adverse impacts of the proposal on the character and openness of the Area of Separation, highway safety, biodiversity net gain and minerals supply significantly and demonstrably outweigh the benefits of delivering five houses, such that the presumption in favour of sustainable development does not apply.

The substantial benefit of delivering up to five houses in an area of housing need was significantly and demonstrably outweighed by the significant adverse impacts on the Area of Separation, highway safety, biodiversity and minerals supply, such that the proposal does not benefit from the presumption in favour of sustainable development.

Framework references: 11

Plan policies cited: Policy CS1, Policy CS2, Policy CS11, Policy CS13, Policy CS17, Policy CS18, saved Policy ST/2, saved Policy CT/1, saved Policy CT/2, saved Policy CT/4, saved Policy TR/18, Policy R01, Policy R05, Policy M11

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.