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

Construction of new apartment building

Authority: Derby City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Dean S

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.

Framework references: 11

Plan policies cited: Policy GD5, Policy H13, Policy CP16

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- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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