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Allowed4 October 20243339902

41 Merton Drive, Derby, Derbyshire, DE22 4JL

Planning appeal 3339902 at 41 Merton Drive, Derby, Derbyshire, DE22 4JL (Derby City Council) was allowed on 4 October 2024 by Inspector Billings C, by written representations. The main issue, as the Inspector framed it: Whether condition 3 meets the 'six tests' in the National Planning Policy Framework and the Planning Practice Guidance.

Installation of an air source heat pump

Authority
Derby City Council
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
utilities-energy · Householder developments
Inspector
Billings C
Postcode
DE22 4JL

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.

What the Inspector cited

Development plan policies
GD5E12CP3CP4
National Planning Policy Framework
Paragraph 56

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 applied

The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.