®Planning appeal decision
1 Mundy's Drive, Marlpool, Heanor, Derbyshire, DE75 7BR
the construction of single detached dwelling on land to the rear of 1 Mundy's Drive
- Authority
- Amber Valley Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Ellis D
Main issues, as the Inspector framed them
- The effect of the proposed development on the living conditions of the occupiers of Nos 1 and 3 Mundy's Drive as well as the future occupiers of the proposed dwelling, with particular regard to both outlook and privacy
What decided it
The unacceptable loss of outlook to occupiers of No 1 Mundy's Drive caused by the close proximity of the boundary fence, which would significantly restrict outlook and create a harmful enclosing and overbearing effect, outweighed the modest housing and economic benefits of the scheme.
The substantial harm to the living conditions of existing occupiers through loss of outlook outweighed the moderate benefits of one additional dwelling and limited economic advantages, such that the adverse impacts significantly and demonstrably outweighed the benefits under the tilted balance test.
Framework references: 11, 135
Plan policies cited: Policy H12
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.