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Planning appeal decision

Allowed4 October 20243339902

41 Merton Drive, Derby, Derbyshire, DE22 4JL

Authority
Derby City Council
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
utilities-energy · Householder developments
Inspector
Billings C

Main issues, as the Inspector framed them

  • Whether condition 3 meets the 'six tests' in the National Planning Policy Framework and the Planning Practice Guidance
  • The effect of the proposed development on the living conditions of neighbouring occupiers, in particular regard to noise disturbance

What decided it

The original condition failed the six tests by requiring an assessment without mandating compliance with its findings, and was unnecessary given the realistic fallback of permitted development at 42 dB.

Framework references: 56

Plan policies cited: GD5, E12, CP3, CP4

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.