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Dismissed12 October 20233324038

Land Former 2 St Martins Road, Potternewton, Leeds, LS7 3LX

Planning appeal 3324038 at Land Former 2 St Martins Road, Potternewton, Leeds, LS7 3LX (Leeds City Council) was dismissed on 12 October 2023 by Inspector Mulloy C, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area, the setting of the adjacent Chapeltown Conservation Area, and the Council's climate change, air pollution and biodiversity objectives with specific reference to protected trees.

erection of 4 no residential units [Use Class C3] with associated access, parking and landscaping

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Mulloy C
Postcode
LS7 3LX

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area, the setting of the adjacent Chapeltown Conservation Area, and the Council's climate change, air pollution and biodiversity objectives with specific reference to protected trees
  • The effect of the proposal on the living conditions of future occupiers with specific reference to outlook and daylight

What decided it

The cumulative effects of the proposed works on the Root Protection Areas of the protected trees, combined with inadequate living conditions for future occupiers, could not be justified given the Council's five-year housing land supply and the availability of alternative design solutions.

The modest benefits of housing delivery and economic contribution were outweighed by the significant harm to protected trees and the unacceptable living conditions for future occupiers, with the Council's five-year housing land supply meaning no overriding justification existed for the scheme as designed

What the Inspector cited

Development plan policies
Policy G9Policy H2Policy P10Policy P11Policy P12Policy GP5Policy N19Policy LD1Policy LAND2Policy BD5

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.

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