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Planning appeal decision

Allowed21 January 20263374973

34 St Cuthberts Road, Derby, DE22 3JW

Planning appeal 3374973 at 34 St Cuthberts Road, Derby, DE22 3JW (Derby City Council) was allowed on 21 January 2026 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: Whether conditions 1, 3, 4 and 5 meet the tests set out in the National Planning Policy Framework for imposing conditions, having regard to the living conditions of neighbouring occupants, highway safety, and bicycle parking requirements.

Change of use from a dwelling house (Use Class C3) to a residential children's home for a maximum of two children (Use Class C2)

Authority
Derby City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Smith J
Postcode
DE22 3JW

Main issues, as the Inspector framed them

  • Whether conditions 1, 3, 4 and 5 meet the tests set out in the National Planning Policy Framework for imposing conditions, having regard to the living conditions of neighbouring occupants, highway safety, and bicycle parking requirements

What decided it

The 12-month temporary permission in Condition 1 was unnecessary because the children's home's modest scale and activity levels would be comparable to a typical family dwelling, whereas Conditions 3, 4 and 5 were necessary to manage the specific operational impacts of staff shift patterns on parking and neighbouring amenity.

What the Inspector cited

Development plan policies
GD5H13E24
National Planning Policy Framework
Paragraph 57

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.