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

Planning appeal 3330814 at Land at St Josephs Rc Church, Burton Road, Derby City, DE1 1TJ (Derby City Council) was dismissed on 10 April 2024 by Inspector Edginton A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: DE1 1TJ

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.

What the Inspector cited

Development plan policies: Policy GD5Policy H13Policy CP16Policy CP3Policy CP4
National Planning Policy Framework: Paragraph 135Paragraph 225Paragraph 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.

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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.