Land Adjacent to 1 Toad Carr, Ferney Lee Road, Todmorden, West Yorkshire, OL14 5JA

Main issues, as the Inspector framed them

• The effect of the proposed development on the living conditions of the occupiers of nearby dwellings and whether the proposed development would provide acceptable living conditions for future occupiers, with particular reference to privacy
• Whether adequate details relating to drainage have been provided
• The effect of the proposed development on the character and appearance of the surrounding area, including the setting of the Todmorden Conservation Area

What decided it

The site's severe physical constraints, particularly its limited size and relationship with multiple neighbouring properties at different levels, make it impossible to accommodate a dwelling that would meet the Council's separation distance standards and avoid unacceptable harm to neighbours' privacy and future occupiers' living conditions.

The adverse impacts of harm to living conditions and unacceptable drainage risk significantly and demonstrably outweigh the benefits of providing one additional dwelling, such that the presumption in favour of sustainable development does not apply despite the Council's inability to demonstrate a five-year housing land supply.