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Dismissed28 February 20253347441

Land Rear of Pear Tree Plaza, Pear Tree Road, Derby, DE23 8NQ

Planning appeal 3347441 at Land Rear of Pear Tree Plaza, Pear Tree Road, Derby, DE23 8NQ (Derby City Council) was dismissed on 28 February 2025 by Inspector Smith A, by written representations. The main issue, as the Inspector framed it: Whether or not the proposed development would preserve the locally listed building known as the former Carnegie Library, including consideration of the effect of the proposed development upon the streetscene within Portland Street.

outline planning application for the erection of 9no flat units and removal of tree

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith A
Postcode
DE23 8NQ

Main issues, as the Inspector framed them

  • Whether or not the proposed development would preserve the locally listed building known as the former Carnegie Library, including consideration of the effect of the proposed development upon the streetscene within Portland Street
  • The effect upon protected trees, having particular regard to any implications for the character and appearance of the area and the setting of the building
  • The effect upon the setting and thereby the significance of the locally listed building known as Pear Tree Road Baptist Church
  • Whether or not acceptable living conditions would prevail for future occupiers of the proposed development, having particular regard to access to light, outlook, privacy, and noise

What decided it

The significant harm to the heritage significance of the locally listed former Carnegie Library and the character and appearance of the area, including through loss of protected trees, significantly and demonstrably outweighed the benefits of delivering nine additional housing units in the context of a housing supply shortfall.

The benefits of nine additional housing units and efficient use of previously developed land were given very significant weight, but the significant harms to heritage significance and character and appearance, which conflict with specific Framework requirements, significantly and demonstrably outweighed these benefits when assessed against the Framework's policies taken as a whole.

What the Inspector cited

Development plan policies
Policy E19Policy H13Policy CP3Policy CP4Policy CP20Policy CP2Policy CP16Policy CP19Policy GD5
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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