Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed13 July 20233315400

3 Whitaker Road, Derby, DE23 6AR

Planning appeal 3315400 at 3 Whitaker Road, Derby, DE23 6AR (Derby City Council) was dismissed on 13 July 2023 by Inspector Ford K, by written representations. The main issue, as the Inspector framed it: The effect on the character and appearance of the area.

conversion and alteration of partially altered ancillary accommodation to an independent dwelling

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Ford K
Postcode
DE23 6AR

Main issues, as the Inspector framed them

  • The effect on the character and appearance of the area
  • The effect on living conditions of neighbouring occupants in terms of overlooking and the occupants of the proposal in terms of daylight

What decided it

The harm to character and appearance and living conditions significantly and demonstrably outweighs the modest benefits of the development, such that the presumption in favour of sustainable development does not apply.

The modest economic and community benefits of the development were significantly and demonstrably outweighed by the considerable harm to character and appearance and living conditions, such that the presumption in favour of sustainable development did not apply despite the Council's inability to demonstrate a 5-year housing land supply.

What the Inspector cited

Development plan policies
Policy CP3Policy CP4Policy GD5Policy 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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

127 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Derby City Council

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

  1. Dismissed28 October 20266010693
    Telephone Kiosks Outside 28 Corn Market, Derby, DE1 2DP
  2. Dismissed28 October 20266010691
    Telephone Kiosks Outside 28 Corn Market, Derby, DE1 2DP
  3. Allowed27 October 20266010695
    Telephone Kiosk Adjacent To 15- 17 Babington Lane, Derby, DE1 1TA
  4. Allowed27 October 20266010694
    Telephone Kiosk Adjacent To 15- 17 Babington Lane, Derby, DE1 1TA
  5. Allowed13 October 20266013914
    11 Radbourne Lane, Derby, DE22 4LU

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.