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Planning appeal decision

Dismissed3 September 20243331062

Land at junction of Vaughan Way and St Margaret's Way, Leicester , LE1 4QF

outline application for construction of a 9 and 7 storey building to provide 104 flats (63 x 1 bed, 41 x 2 bed) (Class C3) with access, appearance, layout and scale committed and other matters (landscaping) reserved

Authority
Leicester City Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Jones G

Main issues, as the Inspector framed them

  • The proposed development's effect on the character and appearance of the area
  • Its effect on the significance of designated heritage assets, including the grade II listed building the Former Richard Roberts Factory
  • Its effect on archaeological remains
  • Its effect on the living conditions of occupants of the neighbouring properties, The Annexe and The Chimney, having particular regard to outlook, light and privacy
  • Whether the proposed development would secure acceptable living conditions for future occupiers
  • Whether it would provide adequate refuse facilities for occupants
  • Whether it would provide suitable vehicular access, cycle parking and service provision
  • Whether it would meet 'Building Regulations Category M4(2) Accessible and adaptable dwellings'
  • Whether it would secure sufficient Biodiversity Net Gain
  • In the event that the proposed development were to give rise to any harm, whether any such harm would be outweighed by any benefits

What decided it

The less than substantial harm to the significance of the grade II listed Former Richard Roberts Factory, when balanced against the public benefits under Framework paragraph 208, was insufficient to justify the development, and the tilted balance did not apply.

The public benefits of delivering 104 homes on an unsightly, underused site in a sustainable location with good facilities, in an area with a significant housing land supply shortfall, were not sufficient to outweigh the less than substantial harm to the significance of the listed building, the significant harm to character and appearance, and the significant harm to neighbouring residents' living conditions.

Framework references: 11, 208

Plan policies cited: CS Policy 3 (Designing Quality Places), CS Policy 18 (Historic Environment), CS Policy 17 (Biodiversity), CS Policy 6 (Housing Strategy), CS Policy 15 (Managing Demand for Car Use), CS Policy 14 (The Transport Network), Policy PS10 (Residential Amenity and New Development), Policy PS11 (Protection from Pollution), Policy H07 (Flat Conversions and New Build Flats), Policy AM02 (Cycling and Development), Leicester Waterside Supplementary Planning Document

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.