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Planning appeal decision

Dismissed18 November 20243345557

52 Vicarage Avenue, DERBY, DE23 6TP

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

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bromley N

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.

Framework references: 11

Plan policies cited: Policy H13 of the City of Derby Local Plan Review 2006, Policy GD5 of the City of Derby Local Plan Review 2006

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.