Planning appeal decision
39A West Avenue South, Chellaston, Derby, DE73 5SH
Planning appeal 3313156 at 39A West Avenue South, Chellaston, Derby, DE73 5SH (Derby City Council) was dismissed on 5 July 2023 by Inspector Savage K, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the living conditions of neighbouring occupants, and the standard of accommodation for future occupants, with regard to privacy, noise and disturbance and outlook.
4 no. 3 bed dwellings at the rear of No.39A
- Authority
- Derby City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Savage K
- Postcode
- DE73 5SH
Main issues, as the Inspector framed them
- the effect of the proposal on the living conditions of neighbouring occupants, and the standard of accommodation for future occupants, with regard to privacy, noise and disturbance and outlook
- whether the proposal would provide adequate access, parking and bin storage arrangements to ensure highway and pedestrian safety
- the effect of the proposal on trees
What decided it
The significant harm to living conditions of existing and future occupants, combined with highway safety concerns and lack of tree protection measures, outweighed the housing delivery benefits in the planning balance under paragraph 11 of the Framework.
The benefits of delivering four dwellings in an accessible location at a time of insufficient housing supply were considerable, but the adverse impacts of harm to neighbours' living conditions, increased highway safety risk, and potential harm to a protected tree significantly and demonstrably outweighed these benefits when considered against the policies of the Framework taken as a whole.
What the Inspector cited
- Development plan policies
- Policy CP3Policy CP4Policy CP16Policy CP19Policy CP23saved Policy GD5saved Policy H13
- 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 appliedThe 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.
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