The proposal constitutes inappropriate development within residential garden land, resulting in an uncharacteristic, cramped form of development that disrupts the uniform character of balanced semi-detached dwellings. This form of garden grabbing fails to respect the local context and settlement pattern, causing harm to the street scene and visual amenity. The development is therefore contrary to the National Planning Policy Framework (2024), Policies ENV2, ENV3, HOU1 and HOU2 of the Black Country Core Strategy (2011), Policies S6 and L1 of the Dudley Borough Development Strategy (2017), Policies DLP11, DLP14, DLP39 and DLP55 of the emerging Dudley Local Plan (Examination stage) and guidance contained within the Residential Design Guide SPD (2023).
The proposed development by reason of its height, proximity and orientation would have a detrimental impact on the primary habitable room windows of No. 43 Mount Road in regard to outlook and light. The proposal would be contrary to guidance contained within the National Planning Policy Framework (2024), policy L1 of the Dudley Borough Development Strategy (2017), policy DLP14 of the Dudley Local Plan (Examination Stage) and the councils’ Residential Design Guide (2023).
The development would result in an inadequate, poor and cramped living environment to the detriment of the residential amenity of future occupiers by providing residential units that fall significantly below the minimum space standards set out in the Nationally Described Space Standards and adopted in the Council's Residential Design Guide SPD (2023). The proposal would conflict with the National Planning Policy Framework (2024), policy L1 of the Dudley Borough Development Strategy (2017) and policy DLP14 of the emerging Dudley Local Plan (Examination stage) and guidance contained within the Residential Design Guide SPD (2023). Refusal Statement Informative The Local Planning Authority is aware of the requirement of paragraph 39 of the National Planning Policy Framework to work with the applicant in a positive, proactive and creative manner, seeking solutions to problems arising in relation to dealing with the application. In this case, after careful balanced consideration the LPA/Officers considers that there are insurmountable technical issues relating to the impact on character, impact on neighbouring amenity and inadequate level of amenity for future occupiers that have not been satisfactorily resolved to demonstrate that the scheme would result in the creation of a sustainable form of development and thereby failing to improve the economic, social and environmental conditions of the area.
Related records
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Understand planning application documents, officer reports and decision notices. Use a reading checklist, document table and worked example to inspect a case.
Understand pending consideration, approved, refused and withdrawn planning applications. Compare status labels and find the documents explaining each outcome.
Read planning drawings, floor plans, elevations and sections. Use labelled diagrams, a drawing comparison table and revision checks to understand a proposal.