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Planning appeal decision

Dismissed5 December 20243349254

land south of 8 Blagreaves Lane, Littleover, DERBY, DE23 1BU

described in the Application for Planning Permission as: ‘Residential development (one dwelling) on a currently empty plot of land south of 8 Blagreaves Lane.’

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

Main issues, as the Inspector framed them

  • the effect of the proposal on the longevity and well-being of protected trees
  • whether the proposed dwelling would have an unacceptable living environment

What decided it

The very significant harm to the longevity and well-being of protected trees, particularly T1, combined with the unacceptable living environment created by intense tree shading, significantly and demonstrably outweighed the benefits of providing a single dwelling even under the tilted balance test.

the adverse impacts of granting planning permission (harm to protected trees and unacceptable living environment) significantly and demonstrably outweighed the benefits (provision of one dwelling and site maintenance) when assessed against the NPPF as a whole, such that the presumption in favour of sustainable development did not apply

Framework references: 11

Plan policies cited: CP16(m), Saved Policy GD5

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.