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Planning appeal decision

Dismissed8 July 20266006060

8 Mile Ash Lane, DERBY, DE22 1DE

Outline planning application for the erection of one detached dwelling on land adjacent to 8 Mile Ash Lane

Authority
Derby City Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
DE22 1DE

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the surrounding area, including the setting of the adjoining conservation area
  • whether the proposed development would provide satisfactory living conditions for future occupiers, with regard to the provision of private outdoor living space

What decided it

The less than substantial but considerable harm to the setting of the Darley Abbey Conservation Area, which was not outweighed by the limited public benefits of a single dwelling, and which engaged the exception at paragraph 11(d)(i) of the Framework.

the harm to the setting of the conservation area, characterised as less than substantial but of considerable importance and weight, was not outweighed by the limited public benefits of delivering a single house and modest economic benefits, and the heritage exception at paragraph 11(d)(i) of the Framework applied to displace the presumption in favour of sustainable development

Framework references: 11, 135, 212, 213, 215

Plan policies cited: Policy E18 of the City of Derby Local Plan Review (2006), Policy CP3 of the Derby City Local Plan – Part 1 Core Strategy (2017), Policy CP4 of the Derby City Local Plan – Part 1 Core Strategy (2017), Policy CP20 of the Derby City Local Plan – Part 1 Core Strategy (2017), Policy GD5 of the Local Plan Review, Policy H13 of the Local Plan Review

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.