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Planning appeal decision

Dismissed5 March 20253353001

Land Adjacent to 169 Ashbourne Road, Derby, DE22 3AJ

Planning appeal 3353001 at Land Adjacent to 169 Ashbourne Road, Derby, DE22 3AJ (Derby City Council) was dismissed on 5 March 2025 by Inspector Dean S, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the living conditions of the occupiers of 31 and 32 Windmill Hill Lane with specific regard to any overbearing impacts and loss of privacy.

Construction of new apartment building

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dean S
Postcode
DE22 3AJ

Main issues, as the Inspector framed them

  • The effect of the proposal on the living conditions of the occupiers of 31 and 32 Windmill Hill Lane with specific regard to any overbearing impacts and loss of privacy
  • The effect of the loss of the on-site trees on the character of the area

What decided it

The overbearing impact and perceived overlooking harm to the living conditions of occupiers at 31 and 32 Windmill Hill Lane, combined with the loss of trees that contribute positively to the character of the area, significantly and demonstrably outweighed the benefits of providing six residential units.

What the Inspector cited

Development plan policies
Policy GD5Policy H13Policy CP16
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.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.