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Planning appeal decision

Dismissed9 August 20243332363

Site adjacent to 13 Allestree Street, Alvaston, Derby, DE24 8TS

3-storey detached property – ground floor commercial unit (Class A1) with a 2-bed apartment on the upper storeys

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Sibley G
Postcode
DE24 8TS

Main issues, as the Inspector framed them

  • the effect of the proposal upon the character and appearance of the area
  • the effect of the proposal upon the living conditions of the occupiers of 114 and 116 Brighton Road with particular regards to privacy

What decided it

The unacceptable harm to the character and appearance of the area through the building's excessive height and broken roof form, combined with unacceptable harm to the living conditions of 114 Brighton Road through overlooking and loss of privacy, significantly and demonstrably outweighed the benefits of housing delivery and economic growth.

The benefits of brownfield redevelopment, housing delivery, and economic benefits (attributed moderate to modest weight) were significantly and demonstrably outweighed by the substantial harms to character and appearance and to neighbouring living conditions, with significant weight attributed to the conflict with the development plan as a whole.

Framework references: 11, 124, 135

Plan policies cited: Policy C3, Policy C4, Policy CP12, Policy GD5, Policy H13

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.