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Planning appeal decision

Dismissed9 January 20243324471

41 Marylebone Crescent, Derby, DE22 4JY

erection of two-storey dwelling

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hughes L

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.

Framework references: 11

Plan policies cited: H13, GD5, CP3, CP4

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.