87 Talbot Road, Luton, LU2 7RN

Main issues, as the Inspector framed them

• whether the proposed development would have an adverse impact on the living conditions of present and future occupants of the neighbouring properties, particularly No 87, in terms of proximity and loss of outlook, loss of light and private amenity space and loss of the garage
• whether the proposed development would have an adverse impact on the living conditions of future occupants of the proposed house in terms of available internal space and access to private amenity space
• whether the proposed development would have an adverse impact on the character and appearance of the terrace of properties and the surroundings on Talbot Road

What decided it

The harm to living conditions, particularly for the occupants of No 87 through overbearing proximity, loss of outlook, daylight and amenity space, is so significant as to outweigh the minor benefit of one additional housing unit, even under the tilted balance triggered by the Council's inability to demonstrate a five-year housing land supply.

The tilted balance under paragraph 11(d) of the Framework was applied, but the significant harm to living conditions, particularly for occupants of No 87, substantially and demonstrably outweighed the minor benefit of one additional small housing unit, displacing the presumption in favour of development.