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Planning appeal decision

Dismissed28 March 20243329009

Land at the Rear of 1 Ash Close, Derby, Derby, DE22 2JF

Planning appeal 3329009 at Land at the Rear of 1 Ash Close, Derby, Derby, DE22 2JF (Derby City Council) was dismissed on 28 March 2024 by Inspector Berry A, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of future occupiers, with particular reference to the size of the garden.

the “erection of a dwelling house (ground and loft) consisting of one dining/kitchen and drawing room, two washrooms, and three bedrooms respectively. It includes a garden at the rear end and a driveway for vehicular parking

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Berry A
Postcode
DE22 2JF

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of future occupiers, with particular reference to the size of the garden
  • the effect of the proposed development on the character and appearance of the surrounding area
  • the effect of the proposed development on the living conditions of the occupiers of neighbouring properties, with particular reference to outlook, privacy and sunlight

What decided it

The substantial harm to the character and appearance of the area and the living conditions of neighbouring occupiers significantly and demonstrably outweighed the moderate benefits of housing delivery in the context of a shortfall in five-year housing land supply.

The moderate benefits of providing one additional dwelling and supporting housing supply were substantially outweighed by the substantial harm to character and appearance and neighbour amenity, resulting in the proposal not representing a sustainable form of development.

What the Inspector cited

Development plan policies
CP3CP4GD5H13
National Planning Policy Framework
Paragraph 11Paragraph 123Paragraph 124

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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