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Dismissed18 November 20243345557

52 Vicarage Avenue, Derby, DE23 6TP

Planning appeal 3345557 at 52 Vicarage Avenue, Derby, DE23 6TP (Derby City Council) was dismissed on 18 November 2024 by Inspector Bromley N, by written representations. The main issue, as the Inspector framed it: whether the accommodation provides satisfactory living conditions for existing and future occupiers, with regard to the provision of internal living space, outlook, natural light, and privacy.

Change of use from a six bedroom (six occupant) house in multiple occupation (UseClassC4) to a seven bedroom (eight occupant) house in multiple occupation (Sui Generis) without complying with conditions attached to planning permission Ref 23/00246/FUL, dated 13 April 2023

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bromley N
Postcode
DE23 6TP

Main issues, as the Inspector framed them

  • whether the accommodation provides satisfactory living conditions for existing and future occupiers, with regard to the provision of internal living space, outlook, natural light, and privacy
  • the effect of the proposed development on the living conditions of the neighbouring occupiers of 50 Vicarage Avenue, with particular regard to privacy

What decided it

The failure to provide satisfactory living conditions for existing and future occupiers, particularly the poor outlook, inadequate natural light, and insufficient privacy of the additional bedroom, combined with the loss of communal lounge space, carried significant weight against the scheme and outweighed the housing supply benefits.

The benefits of providing an additional bedroom to meet identified demand and contribute to housing supply were significantly and demonstrably outweighed by the adverse impacts of failing to provide acceptable living conditions for existing and future occupiers of the building.

What the Inspector cited

Development plan policies
Policy H13 of the City of Derby Local Plan Review 2006Policy GD5 of the City of Derby Local Plan Review 2006
National Planning Policy Framework
Paragraph 11

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.

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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.

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