®Planning appeal decision
1 Mundy's Drive, Marlpool, Heanor, Derbyshire, DE75 7BR
Planning appeal 3333021 at 1 Mundy's Drive, Marlpool, Heanor, Derbyshire, DE75 7BR (Amber Valley Borough Council) was dismissed on 19 July 2024 by Inspector Ellis D, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- DE75 7BR
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.
What the Inspector cited
- Development plan policies
- Policy H12
- National Planning Policy Framework
- Paragraph 11Paragraph 135
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.