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Planning appeal decision

Dismissed26 May 20233306301

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

Planning appeal 3306301 at Land to the Rear of 163 Mountsorrel Lane, Rothley, Leicestershire, LE7 7PU (Charnwood Borough Council) was dismissed on 26 May 2023 by Inspector Dean S, by written representations. The main issue, as the Inspector framed it: whether the site is a suitable location for the development proposed.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dean S
Postcode
LE7 7PU

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.

What the Inspector cited

Development plan policies
Policy CS1Policy CS2Policy CS11Policy CS13Policy CS17Policy CS18saved Policy ST/2saved Policy CT/1saved Policy CT/2saved Policy CT/4saved Policy TR/18Policy R01Policy R05Policy M11
National Planning Policy Framework
Paragraph 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.

See how each was applied

The decision letter

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More decisions in Charnwood

The authority’s record since 2016 · every decision in 2023

  1. Dismissed5 October 20266009433
    34 - 36 Station Road, Rearsby, LE7 4YY
  2. Allowed29 September 20266010437
    Simtec Materials Handling, Unit 116, The Burrows, East Goscote, LE7 3XD
  3. Allowed26 May 20263370033
    Land to the Rear (West) of 83 Cotes Road, Barrow Upon Soar, LE12 8JP
  4. Dismissed20 October 20253369623
    49 Iveshead Road, Shepshed, Leicestershire , LE12 9EP
  5. Allowed11 August 20253364976
    28 Chapel Street, Syston, Leicestershire, LE7 1GN

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.