®Planning appeal decision
41 Marylebone Crescent, Derby, DE22 4JY
Planning appeal 3324471 at 41 Marylebone Crescent, Derby, DE22 4JY (Derby City Council) was dismissed on 9 January 2024 by Inspector Hughes L, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of the occupiers of 39a and 39b Marylebone Crescent with particular regard to privacy, outlook and loss of light.
erection of two-storey dwelling
- Authority
- Derby City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Hughes L
- Postcode
- DE22 4JY
Main issues, as the Inspector framed them
- the effect of the proposed development on the living conditions of the occupiers of 39a and 39b Marylebone Crescent with particular regard to privacy, outlook and loss of light
- the living conditions of future occupiers with particular regard to noise and disturbance
- the character and appearance of the area
What decided it
The unacceptable harm to the privacy and outlook of neighbouring occupiers at 39a and 39b Marylebone Crescent significantly and demonstrably outweighed the benefits of providing one additional dwelling in a context of housing land supply shortfall.
The significant harm to neighbouring living conditions with respect to privacy and outlook, given substantial weight and consistency with Framework policies promoting health and well-being, significantly and demonstrably outweighed the moderate benefits of housing supply contribution, economic activity, and sustainable location, such that the presumption in favour of sustainable development did not apply.
What the Inspector cited
- Development plan policies
- H13GD5CP3CP4
- 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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With an account
What an account adds to this decision
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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.