Land at St Josephs Rc Church, Burton Road, Derby City, DE1 1TJ

Construction of a detached single-storey dwelling

Authority: Derby City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Edginton A

Main issues, as the Inspector framed them

The effects of the development on the living conditions of future occupiers with particular regard to external amenity space, outlook and light, noise and disturbance
The effects of the development on the character and appearance of the area, with particular regard to protected trees

What decided it

The combination of adverse effects on future occupiers' living conditions and the character and appearance of the area, which would significantly and demonstrably outweigh the benefits of one small dwelling, even under the tilted balance.

The tilted balance under NPPF paragraph 11(d) was engaged due to the Council's lack of five-year housing land supply, but the adverse effects on living conditions and character and appearance would significantly and demonstrably outweigh the benefits of the development.

Framework references: 135, 225, 11

Plan policies cited: Policy GD5, Policy H13, Policy CP16, Policy CP3, Policy CP4

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

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