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Planning appeal decision

Dismissed18 June 20266004086

Abbey Lodge, 59A Abbey Street, Derby, DE22 3SJ

Planning appeal 6004086 at Abbey Lodge, 59A Abbey Street, Derby, DE22 3SJ (Derby City Council) was dismissed on 18 June 2026 by Inspector Elaine Moulton, by written representations. The main issue, as the Inspector framed it: The effect of noise from nearby commercial premises on the living conditions of future occupiers of the proposed development.

use of the building as an 18-bedroom House in Multiple Occupation (Sui Generis)

Authority
Derby City Council
Appeal type
Planning
Procedure
Written
Development
residential
Inspector
Elaine Moulton
Postcode
DE22 3SJ

Main issues, as the Inspector framed them

  • The effect of noise from nearby commercial premises on the living conditions of future occupiers of the proposed development

What decided it

Insufficient evidence has been provided to demonstrate that noise from The Venue would not harm the living conditions of future occupiers, and the adverse impacts on living conditions significantly and demonstrably outweigh the housing supply and economic benefits.

The adverse impacts on the living conditions of future occupiers, when assessed against the policies in the Framework taken as a whole, significantly and demonstrably outweigh the benefits of housing supply, mix and economic benefits, such that the presumption in favour of sustainable development does not apply

What the Inspector cited

Development plan policies
GD5H13CP10AC2
National Planning Policy Framework
Paragraph 200Paragraph 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.

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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.